Legislation

* § 425. Agreement to support. If an agreement for the support of 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. If the court
or support magistrate approves it, the court without further hearing may
thereupon enter an order for the support of the petitioner by the
respondent in accordance with the agreement, which shall be binding upon
the respondent and shall in all respects be a valid order as though made
after process had been issued out of the court. The court record shall
show that such order was made upon agreement.

* NB Effective until August 18, 2026

* § 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,
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 paragraph (h) of
subdivision one of section four hundred thirteen of this article. If the
court or support magistrate approves it, the court without further
hearing may thereupon enter an order and findings of fact for the
support of the child and/or the petitioner or the respondent in
accordance with the agreement, which shall be binding upon the 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 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
federal funds received by the state under title IV-D of the social
security 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
referral 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
modification 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
subdivision, 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
documents 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
standards 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 financial 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
electronically, 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
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
litigants 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.

* NB Effective August 18, 2026