|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Oct 03, 2012||signed chap.468|
|Sep 21, 2012||delivered to governor|
|Jun 21, 2012||returned to assembly|
3rd reading cal.1486
substituted for s7579
|Jun 21, 2012||substituted by a10345|
ordered to third reading cal.1486
|Jun 05, 2012||referred to rules|
senate Bill S7579Signed By Governor
Archive: Last Bill Status Via A10345 - Signed by Governor
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed by Governor
S7579 - Details
- See Assembly Version of this Bill:
- Law Section:
- Family Court Act
- Laws Affected:
- Amd §§439 & 454, Fam Ct Act
S7579 - Summary
Relates to the authority of support magistrates in family court to adjudicate child support license suspension proceedings.
S7579 - Sponsor Memo
BILL NUMBER:S7579 TITLE OF BILL: An act to amend the family court act, in relation to the authority of support magistrates in family court to adjudicate child support license suspension proceedings This is one in a series of measures being introduced at the request of the Chief Administrative Judge upon the recommendation of her Family Court Advisory and Rules Committee. Current law provides that a child support obligor, who owes more than four months of arrears on child support payments, may have his or her driver's license suspended administratively. The support obligor may request a fair hearing on the suspension and, if unsuccessful, may then challenge the outcome of the fair hearing in Family Court. However, the Family Court challenge must be heard by a Family Court judge, not the Support Magistrate who issued the child support order being violated and who is likely most familiar with the case and circumstances of the parties. This restriction upon the Support Magistrate's authority fragments the proceedings and impedes timely and effective resolution of the driver's license suspension issue, as well as enforcement of the child support obligation. This measure would end this unnecessary restriction upon the authority
S7579 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7579 I N S E N A T E June 5, 2012 ___________ Introduced by Sen. GALLIVAN -- (at request of the Office of Court Admin- istration) -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the family court act, in relation to the authority of support magistrates in family court to adjudicate child support license suspension proceedings THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision (a) of section 439 of the family court act, as amended by section 1 of chapter 576 of the laws of 2005, is amended to read as follows: (a) The chief administrator of the courts shall provide, in accordance with subdivision (f) of this section, for the appointment of a suffi- cient number of support magistrates to hear and determine support proceedings. Except as hereinafter provided, support magistrates shall be empowered to hear, determine and grant any relief within the powers of the court in any proceeding under this article, articles five, five-A, and five-B and sections two hundred thirty-four and two hundred thirty-five of this act, and objections raised pursuant to section five thousand two hundred forty-one of the civil practice law and rules. Support magistrates shall not be empowered to hear, determine and grant any relief with respect to issues specified in [subdivision five of section four hundred fifty-four or] section four hundred fifty-five of this [act] ARTICLE, issues of contested paternity involving claims of equitable estoppel, custody, visitation including visitation as a defense, and orders of protection or exclusive possession of the home, which shall be referred to a judge as provided in subdivision (b) or (c) of this section. Where an order of filiation is issued by a judge in a paternity proceeding and child support is in issue, the judge, or support magistrate upon referral from the judge, shall be authorized to immediately make a temporary or final order of support, as applicable. A support magistrate shall have the authority to hear and decide motions and issue summonses and subpoenas to produce persons pursuant to section one hundred fifty-three of this act, hear and decide proceedings and EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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