senate Bill S6824

2021-2022 Legislative Session

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

download bill text pdf

Sponsored By

Current Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (17)
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

Votes

view votes

Jan 11, 2022 - Judiciary committee Vote

S6824
14
0
committee
14
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Judiciary committee vote details

Judiciary Committee Vote: Jan 11, 2022

aye wr (1)

Jun 1, 2021 - Rules committee Vote

S6824
19
0
committee
19
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Rules committee vote details

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

S6824 (ACTIVE) - Summary

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

S6824 (ACTIVE) - Sponsor Memo

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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