Establishes a pilot program to provide alternative dispute resolution and navigator services to litigants in child support matters in the family court under the auspices of the community dispute resolution center program.
STATE OF NEW YORK
________________________________________________________________________
8297
2025-2026 Regular Sessions
IN ASSEMBLY
May 12, 2025
___________
Introduced by M. of A. LUNSFORD -- (at request of the Unified Court
System) -- read once and referred to the Committee on Judiciary
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:
1 Section 1. Section 425 of the family court act, as amended by chapter
2 81 of the laws of 2003, is amended to read as follows:
3 § 425. Agreement to support; pilot program for use of alternative
4 dispute resolution to obtain agreements to support. (a) If the parties
5 reach an agreement for the support of the child and/or the petitioner
6 [is brought about], it must be reduced to writing and submitted to the
7 family court or a support magistrate appointed pursuant to section four
8 hundred thirty-nine of this act for approval in accordance with para-
9 graph (h) of subdivision one of section four hundred thirteen of this
10 article. If the court or support magistrate approves it, the court with-
11 out further hearing may thereupon enter an order and findings of fact
12 for the support of the child and/or the petitioner [by] or the respond-
13 ent in accordance with the agreement, which shall be binding upon the
14 [respondent] parties and shall in all respects be a valid order and
15 findings of fact as though made after process had been issued out of the
16 court. The court record shall show that such order [was] and findings
17 were made upon agreement.
18 (b) The chief administrator of the courts shall promulgate rules to
19 establish and implement a pilot program for the provision of alternative
20 dispute resolution and navigation services to litigants in child support
21 matters in the family court. The cost of the pilot program shall be paid
22 for with state funds appropriated for that purpose and may include
23 federal funds received by the state under title IV-D of the social secu-
24 rity act.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08941-01-5
A. 8297 2
1 (i) The pilot program, which shall be conducted under the auspices of
2 the community dispute resolution center program pursuant to article
3 twenty-one-A of the judiciary law, shall be located in at least two
4 counties in a city with a population of one million or more, and in at
5 least one other county in the state, and shall be available at no charge
6 to parties in cases under this article. The program shall be equipped to
7 provide services that are culturally sensitive to, and in the native
8 language of, the litigants in the community.
9 (ii) At the parties' initial appearance before the court, pursuant to
10 section four hundred thirty-three or subdivision two of section four
11 hundred fifty-one of this article, in a participating county, the court
12 shall advise the parties of the availability of the dispute resolution
13 program and of their right to consult with counsel during the dispute
14 resolution process. Unless the case is deemed inappropriate for a refer-
15 ral to the dispute resolution program after a review of records in
16 accordance with subdivision (e) of section six hundred fifty-one of this
17 act, the court shall, if the parties consent to participate, refer the
18 matter promptly to the program.
19 (iii) Prior to referring the parties to the program, the court shall
20 issue a preliminary order of child support pursuant to section four
21 hundred thirty-four of this article unless the petition is for a modifi-
22 cation of an existing order of support pursuant to subdivision two of
23 section four hundred fifty-one of this article.
24 (iv) Prior to referral pursuant to paragraph (iii) of this subdivi-
25 sion, the court shall also issue an order directing the parties to
26 provide financial disclosures in accordance with section four hundred
27 twenty-four-a of this part and to bring or transmit the required docu-
28 ments to the program.
29 (v) The mediators, neutral evaluators or other facilitators shall
30 receive training in accordance with section eight hundred forty-nine-b
31 of the judiciary law, as well as in the legal requirements in child
32 support cases, including, but not limited to, the child support stand-
33 ards act, possible deviations, requirements regarding medical insurance
34 and costs, educational and child care expenses, age of majority and
35 emancipation, shared and joint custody, grounds for modifications of
36 child support orders and the consequences of noncompliance with child
37 support orders. In order to resolve disputes involving complex finan-
38 cial issues, the program may, if possible, include among its mediators,
39 neutral evaluators or other facilitators, individuals with accounting or
40 other financial qualifications and experience.
41 (vi) The program shall have the capacity to conduct proceedings elec-
42 tronically, where appropriate, as well as in person, for the convenience
43 of the participants and shall provide a secure means for participants to
44 submit and exchange relevant documents electronically.
45 (vii) If the parties reach an agreement, the program shall refer them
46 back to the family court in which their case is pending for the court to
47 allocute the parties and to approve the agreement in accordance with
48 subdivision (a) of this section and paragraph (h) of subdivision one of
49 section four hundred thirteen of this article. If the program deems the
50 referral inappropriate due to its own screening for domestic violence or
51 for other reasons, or if parties do not reach an agreement or reach only
52 a partial agreement, the program shall refer them back to the family
53 court in which their case is pending for the court to proceed with a
54 hearing under this article. In all cases, the program shall transmit to
55 the court all financial disclosure documents that have been provided in
56 accordance with section four hundred twenty-four-a of this part.
A. 8297 3
1 (viii) In addition to or in lieu of alternative dispute resolution,
2 including in cases in which an agreement is not reached, the program
3 shall provide navigation services to the participants, including but not
4 limited to information regarding family court procedures, the objection
5 process, child support enforcement services available through the local
6 department of social services, employment-related or job training
7 programs in the jurisdiction, and consequences of noncompliance with
8 child support orders. The program shall also provide assistance to liti-
9 gants in preparation for the court appearance including, among other
10 services, in organizing and transmitting required financial disclosures.
11 Additionally, staff of the pilot program providing navigation services
12 may be located on-site at the family court in the pilot counties
13 selected pursuant to paragraph (i) of this subdivision in order to
14 provide assistance in arranging the initial referral appointments,
15 including ascertaining language access or other needs, and in explaining
16 what documents are required to be brought or transmitted to the program.
17 § 2. Subdivision 1 and paragraph (d) of subdivision 4 of section 849-b
18 of the judiciary law, as added by chapter 847 of the laws of 1981, are
19 amended to read as follows:
20 1. There is hereby established the community dispute resolution center
21 program, to be administered and supervised under the direction of the
22 chief administrator of the courts, to provide funds pursuant to this
23 article for the establishment and continuance of dispute resolution
24 centers on the basis of need in neighborhoods, and to provide funds for
25 the establishment and implementation of a pilot program in accordance
26 with subdivision (b) of section four hundred twenty-five of the family
27 court act.
28 (d) it provides that during or at the conclusion of the dispute resol-
29 ution process there shall be a written agreement or decision setting
30 forth the settlement of the issues and future responsibilities of each
31 party and that such agreement or decision shall be available to a court
32 which has adjourned a pending action pursuant to section 170.55 of the
33 criminal procedure law or, in the case of written agreements reached
34 pursuant to the pilot program established pursuant to subdivision (b) of
35 section four hundred twenty-five of the family court act, that such
36 agreement shall be submitted to the family court for approval in accord-
37 ance with such section;
38 § 3. Subdivision 2 of section 849-d of the judiciary law, as amended
39 by chapter 451 of the laws of 2006, is amended to read as follows:
40 2. [The] Except as provided in section four hundred twenty-five of the
41 family court act, the state share of the cost of any center approved
42 under this section shall include a basic grant of up to forty thousand
43 dollars for each county served by the center and may include an addi-
44 tional amount not exceeding fifty per centum of the difference between
45 the approved estimated cost of the program and the basic grant.
46 § 4. This act shall take effect on the two hundred seventieth day
47 after it shall have become a law. Effective immediately, the chief
48 administrator of the courts is authorized to promulgate any rules and/or
49 protocols necessary for implementation of the provisions of this act on
50 or before such effective date.
