Assembly Bill A7795

2021-2022 Legislative Session

Relates to the filing of objections in child support cases in the family court

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Archive: Last Bill Status Via S6824 - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2021-A7795 (ACTIVE) - Details

See Senate Version of this Bill:
S6824
Current Committee:
Assembly Judiciary
Law Section:
Family Court Act
Laws Affected:
Amd §439, Fam Ct Act

2021-A7795 (ACTIVE) - Summary

Relates to the filing of objections in child support cases in the family court; allows for electronic transmission of such objections.

2021-A7795 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7795
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 21, 2021
                                ___________
 
 Introduced  by  M.  of  A. WALLACE -- (at request of the Office of Court
   Administration) -- read once and referred to the Committee on  Judici-
   ary
 
 AN  ACT  to  amend  the  family  court act, in relation to the filing of
   objections in child support cases in the family court

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Subdivision (e) of section 439 of the family court act, as
 amended  by  chapter  336  of  the  laws  of 2004, is amended to read as
 follows:
   (e) The determination of a support magistrate shall  include  findings
 of  fact  and,  except  with  respect  to  a  determination of a willful
 violation of an order under subdivision three of  section  four  hundred
 fifty-four  of  this article where commitment is recommended as provided
 in subdivision (a) of this section, a final order which shall be entered
 and transmitted to the parties. Specific written objections to  a  final
 order  of  a  support  magistrate  may be filed by either party with the
 court within thirty days after receipt of  the  order  in  court  or  by
 personal  service, or, if the objecting party or parties did not receive
 the order in court or by personal service, thirty-five days after  mail-
 ing  OR ELECTRONIC TRANSMISSION of the order to such party or parties. A
 party filing objections shall serve a copy of such objections  upon  the
 opposing  party, who shall have thirteen days from such service to serve
 and file a written rebuttal to such objections. Proof  of  service  upon
 the  opposing  party shall be filed with the court at the time of filing
 of objections and any rebuttal. Within fifteen days after  the  rebuttal
 is  filed,  or  the time to file such rebuttal has expired, whichever is
 applicable, the judge, based upon a review of  the  objections  and  the
 rebuttal,  if  any,  shall  (i) remand one or more issues of fact to the
 support magistrate, (ii) make, with or without holding  a  new  hearing,
 his or her own findings of fact and order, or (iii) deny the objections.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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