S T A T E O F N E W Y O R K
________________________________________________________________________
8374
2025-2026 Regular Sessions
I N S E N A T E
June 5, 2025
___________
Introduced by Sen. PERSAUD -- (at request of the Unified Court System)
-- read twice and ordered printed, and when printed to be committed to
the Committee on Rules
AN ACT to amend the family court act and the judiciary law, in relation
to the establishment of a pilot program to provide alternative dispute
resolution and navigator services in child support matters
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 425 of the family court act, as amended by chapter
81 of the laws of 2003, is amended to read as follows:
§ 425. Agreement to support; PILOT PROGRAM FOR USE OF ALTERNATIVE
DISPUTE RESOLUTION TO OBTAIN AGREEMENTS TO SUPPORT. (A) If THE PARTIES
REACH an agreement for the support of the CHILD AND/OR THE petitioner
[is brought about], it must be reduced to writing and submitted to the
family court or a support magistrate appointed pursuant to section four
hundred thirty-nine of this act for approval IN ACCORDANCE WITH PARA-
GRAPH (H) OF SUBDIVISION ONE OF SECTION FOUR HUNDRED THIRTEEN OF THIS
ARTICLE. If the court or support magistrate approves it, the court with-
out further hearing may thereupon enter an order AND FINDINGS OF FACT
for the support of the CHILD AND/OR THE petitioner [by] OR the respond-
ent in accordance with the agreement, which shall be binding upon the
[respondent] PARTIES and shall in all respects be a valid order AND
FINDINGS OF FACT as though made after process had been issued out of the
court. The court record shall show that such order [was] AND FINDINGS
WERE made upon agreement.
(B) THE CHIEF ADMINISTRATOR OF THE COURTS SHALL PROMULGATE RULES TO
ESTABLISH AND IMPLEMENT A PILOT PROGRAM FOR THE PROVISION OF ALTERNATIVE
DISPUTE RESOLUTION AND NAVIGATION SERVICES TO LITIGANTS IN CHILD SUPPORT
MATTERS IN THE FAMILY COURT. THE COST OF THE PILOT PROGRAM SHALL BE PAID
FOR WITH STATE FUNDS APPROPRIATED FOR THAT PURPOSE AND MAY INCLUDE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08941-01-5
S. 8374 2
FEDERAL FUNDS RECEIVED BY THE STATE UNDER TITLE IV-D OF THE SOCIAL SECU-
RITY ACT.
(I) THE PILOT PROGRAM, WHICH SHALL BE CONDUCTED UNDER THE AUSPICES OF
THE COMMUNITY DISPUTE RESOLUTION CENTER PROGRAM PURSUANT TO ARTICLE
TWENTY-ONE-A OF THE JUDICIARY LAW, SHALL BE LOCATED IN AT LEAST TWO
COUNTIES IN A CITY WITH A POPULATION OF ONE MILLION OR MORE, AND IN AT
LEAST ONE OTHER COUNTY IN THE STATE, AND SHALL BE AVAILABLE AT NO CHARGE
TO PARTIES IN CASES UNDER THIS ARTICLE. THE PROGRAM SHALL BE EQUIPPED TO
PROVIDE SERVICES THAT ARE CULTURALLY SENSITIVE TO, AND IN THE NATIVE
LANGUAGE OF, THE LITIGANTS IN THE COMMUNITY.
(II) AT THE PARTIES' INITIAL APPEARANCE BEFORE THE COURT, PURSUANT TO
SECTION FOUR HUNDRED THIRTY-THREE OR SUBDIVISION TWO OF SECTION FOUR
HUNDRED FIFTY-ONE OF THIS ARTICLE, IN A PARTICIPATING COUNTY, THE COURT
SHALL ADVISE THE PARTIES OF THE AVAILABILITY OF THE DISPUTE RESOLUTION
PROGRAM AND OF THEIR RIGHT TO CONSULT WITH COUNSEL DURING THE DISPUTE
RESOLUTION PROCESS. UNLESS THE CASE IS DEEMED INAPPROPRIATE FOR A REFER-
RAL TO THE DISPUTE RESOLUTION PROGRAM AFTER A REVIEW OF RECORDS IN
ACCORDANCE WITH SUBDIVISION (E) OF SECTION SIX HUNDRED FIFTY-ONE OF THIS
ACT, THE COURT SHALL, IF THE PARTIES CONSENT TO PARTICIPATE, REFER THE
MATTER PROMPTLY TO THE PROGRAM.
(III) PRIOR TO REFERRING THE PARTIES TO THE PROGRAM, THE COURT SHALL
ISSUE A PRELIMINARY ORDER OF CHILD SUPPORT PURSUANT TO SECTION FOUR
HUNDRED THIRTY-FOUR OF THIS ARTICLE UNLESS THE PETITION IS FOR A MODIFI-
CATION OF AN EXISTING ORDER OF SUPPORT PURSUANT TO SUBDIVISION TWO OF
SECTION FOUR HUNDRED FIFTY-ONE OF THIS ARTICLE.
(IV) PRIOR TO REFERRAL PURSUANT TO PARAGRAPH (III) OF THIS SUBDIVI-
SION, THE COURT SHALL ALSO ISSUE AN ORDER DIRECTING THE PARTIES TO
PROVIDE FINANCIAL DISCLOSURES IN ACCORDANCE WITH SECTION FOUR HUNDRED
TWENTY-FOUR-A OF THIS PART AND TO BRING OR TRANSMIT THE REQUIRED DOCU-
MENTS TO THE PROGRAM.
(V) THE MEDIATORS, NEUTRAL EVALUATORS OR OTHER FACILITATORS SHALL
RECEIVE TRAINING IN ACCORDANCE WITH SECTION EIGHT HUNDRED FORTY-NINE-B
OF THE JUDICIARY LAW, AS WELL AS IN THE LEGAL REQUIREMENTS IN CHILD
SUPPORT CASES, INCLUDING, BUT NOT LIMITED TO, THE CHILD SUPPORT STAND-
ARDS ACT, POSSIBLE DEVIATIONS, REQUIREMENTS REGARDING MEDICAL INSURANCE
AND COSTS, EDUCATIONAL AND CHILD CARE EXPENSES, AGE OF MAJORITY AND
EMANCIPATION, SHARED AND JOINT CUSTODY, GROUNDS FOR MODIFICATIONS OF
CHILD SUPPORT ORDERS AND THE CONSEQUENCES OF NONCOMPLIANCE WITH CHILD
SUPPORT ORDERS. IN ORDER TO RESOLVE DISPUTES INVOLVING COMPLEX FINAN-
CIAL ISSUES, THE PROGRAM MAY, IF POSSIBLE, INCLUDE AMONG ITS MEDIATORS,
NEUTRAL EVALUATORS OR OTHER FACILITATORS, INDIVIDUALS WITH ACCOUNTING OR
OTHER FINANCIAL QUALIFICATIONS AND EXPERIENCE.
(VI) THE PROGRAM SHALL HAVE THE CAPACITY TO CONDUCT PROCEEDINGS ELEC-
TRONICALLY, WHERE APPROPRIATE, AS WELL AS IN PERSON, FOR THE CONVENIENCE
OF THE PARTICIPANTS AND SHALL PROVIDE A SECURE MEANS FOR PARTICIPANTS TO
SUBMIT AND EXCHANGE RELEVANT DOCUMENTS ELECTRONICALLY.
(VII) IF THE PARTIES REACH AN AGREEMENT, THE PROGRAM SHALL REFER THEM
BACK TO THE FAMILY COURT IN WHICH THEIR CASE IS PENDING FOR THE COURT TO
ALLOCUTE THE PARTIES AND TO APPROVE THE AGREEMENT IN ACCORDANCE WITH
SUBDIVISION (A) OF THIS SECTION AND PARAGRAPH (H) OF SUBDIVISION ONE OF
SECTION FOUR HUNDRED THIRTEEN OF THIS ARTICLE. IF THE PROGRAM DEEMS THE
REFERRAL INAPPROPRIATE DUE TO ITS OWN SCREENING FOR DOMESTIC VIOLENCE OR
FOR OTHER REASONS, OR IF PARTIES DO NOT REACH AN AGREEMENT OR REACH ONLY
A PARTIAL AGREEMENT, THE PROGRAM SHALL REFER THEM BACK TO THE FAMILY
COURT IN WHICH THEIR CASE IS PENDING FOR THE COURT TO PROCEED WITH A
HEARING UNDER THIS ARTICLE. IN ALL CASES, THE PROGRAM SHALL TRANSMIT TO
S. 8374 3
THE COURT ALL FINANCIAL DISCLOSURE DOCUMENTS THAT HAVE BEEN PROVIDED IN
ACCORDANCE WITH SECTION FOUR HUNDRED TWENTY-FOUR-A OF THIS PART.
(VIII) IN ADDITION TO OR IN LIEU OF ALTERNATIVE DISPUTE RESOLUTION,
INCLUDING IN CASES IN WHICH AN AGREEMENT IS NOT REACHED, THE PROGRAM
SHALL PROVIDE NAVIGATION SERVICES TO THE PARTICIPANTS, INCLUDING BUT NOT
LIMITED TO INFORMATION REGARDING FAMILY COURT PROCEDURES, THE OBJECTION
PROCESS, CHILD SUPPORT ENFORCEMENT SERVICES AVAILABLE THROUGH THE LOCAL
DEPARTMENT OF SOCIAL SERVICES, EMPLOYMENT-RELATED OR JOB TRAINING
PROGRAMS IN THE JURISDICTION, AND CONSEQUENCES OF NONCOMPLIANCE WITH
CHILD SUPPORT ORDERS. THE PROGRAM SHALL ALSO PROVIDE ASSISTANCE TO LITI-
GANTS IN PREPARATION FOR THE COURT APPEARANCE INCLUDING, AMONG OTHER
SERVICES, IN ORGANIZING AND TRANSMITTING REQUIRED FINANCIAL DISCLOSURES.
ADDITIONALLY, STAFF OF THE PILOT PROGRAM PROVIDING NAVIGATION SERVICES
MAY BE LOCATED ON-SITE AT THE FAMILY COURT IN THE PILOT COUNTIES
SELECTED PURSUANT TO PARAGRAPH (I) OF THIS SUBDIVISION IN ORDER TO
PROVIDE ASSISTANCE IN ARRANGING THE INITIAL REFERRAL APPOINTMENTS,
INCLUDING ASCERTAINING LANGUAGE ACCESS OR OTHER NEEDS, AND IN EXPLAINING
WHAT DOCUMENTS ARE REQUIRED TO BE BROUGHT OR TRANSMITTED TO THE PROGRAM.
§ 2. Subdivision 1 and paragraph (d) of subdivision 4 of section 849-b
of the judiciary law, as added by chapter 847 of the laws of 1981, are
amended to read as follows:
1. There is hereby established the community dispute resolution center
program, to be administered and supervised under the direction of the
chief administrator of the courts, to provide funds pursuant to this
article for the establishment and continuance of dispute resolution
centers on the basis of need in neighborhoods, AND TO PROVIDE FUNDS FOR
THE ESTABLISHMENT AND IMPLEMENTATION OF A PILOT PROGRAM IN ACCORDANCE
WITH SUBDIVISION (B) OF SECTION FOUR HUNDRED TWENTY-FIVE OF THE FAMILY
COURT ACT.
(d) it provides that during or at the conclusion of the dispute resol-
ution process there shall be a written agreement or decision setting
forth the settlement of the issues and future responsibilities of each
party and that such agreement or decision shall be available to a court
which has adjourned a pending action pursuant to section 170.55 of the
criminal procedure law OR, IN THE CASE OF WRITTEN AGREEMENTS REACHED
PURSUANT TO THE PILOT PROGRAM ESTABLISHED PURSUANT TO SUBDIVISION (B) OF
SECTION FOUR HUNDRED TWENTY-FIVE OF THE FAMILY COURT ACT, THAT SUCH
AGREEMENT SHALL BE SUBMITTED TO THE FAMILY COURT FOR APPROVAL IN ACCORD-
ANCE WITH SUCH SECTION;
§ 3. Subdivision 2 of section 849-d of the judiciary law, as amended
by chapter 451 of the laws of 2006, is amended to read as follows:
2. [The] EXCEPT AS PROVIDED IN SECTION FOUR HUNDRED TWENTY-FIVE OF THE
FAMILY COURT ACT, THE state share of the cost of any center approved
under this section shall include a basic grant of up to forty thousand
dollars for each county served by the center and may include an addi-
tional amount not exceeding fifty per centum of the difference between
the approved estimated cost of the program and the basic grant.
§ 4. This act shall take effect on the two hundred seventieth day
after it shall have become a law. Effective immediately, the chief
administrator of the courts is authorized to promulgate any rules and/or
protocols necessary for implementation of the provisions of this act on
or before such effective date.