Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Mar 01, 2022 |
referred to judiciary delivered to assembly passed senate |
Jan 18, 2022 |
advanced to third reading |
Jan 12, 2022 |
2nd report cal. |
Jan 11, 2022 |
1st report cal.109 |
Jan 05, 2022 |
referred to judiciary returned to senate died in assembly |
Jun 09, 2021 |
ordered to third reading rules cal.689 substituted for a7795 |
Jun 02, 2021 |
referred to ways and means delivered to assembly passed senate |
Jun 01, 2021 |
ordered to third reading cal.1408 committee discharged and committed to rules |
May 18, 2021 |
referred to judiciary |
Senate Bill S6824
2021-2022 Legislative Session
Sponsored By
(D) 19th Senate District
Archive: Last Bill Status - 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
Actions
Votes
2021-S6824 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A7795
- Current Committee:
- Assembly Judiciary
- Law Section:
- Family Court Act
- Laws Affected:
- Amd §439, Fam Ct Act
2021-S6824 (ACTIVE) - Sponsor Memo
BILL NUMBER: S6824 SPONSOR: PERSAUD TITLE OF BILL: An act to amend the family court act, in relation to the filing of objections in child support cases in the family court This is one in a series of measures being introduced at the request of the Chief Adminstrative Judge upon the recommendation of his Family Court Advisory and Rules Committee. In order to provide continued access to justice during the recent Covid-19 public health emergency, the Unified Court System, including the Family Courts, rapidly escalated its use of technology for all aspects of proceedings. Pleadings, exhibits, and other documents have been transmitted to the Family Courts electronically, in many cases for the first time, and the Courts, in turn, have transmitted their orders electronically to litigants and attorneys. This new process has posed particular challenges for litigants, especially in child support cases, the largest case category in Family Court, where, except for willful violation cases involving possible incarceration, the vast majority of litigants do not have attorneys.
2021-S6824 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6824 2021-2022 Regular Sessions I N S E N A T E May 18, 2021 ___________ Introduced by Sen. PERSAUD -- (at request of the Office of Court Admin- istration) -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary 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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