STATE OF NEW YORK
________________________________________________________________________
10345
IN ASSEMBLY
May 23, 2012
___________
Introduced by M. of A. O'DONNELL, WEINSTEIN -- (at request of the Office
of Court Administration) -- read once and referred to the Committee on
Judiciary
AN ACT to amend the family court act, in relation to the authority of
support magistrates in family court to adjudicate child support
license suspension proceedings
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision (a) of section 439 of the family court act, as
2 amended by section 1 of chapter 576 of the laws of 2005, is amended to
3 read as follows:
4 (a) The chief administrator of the courts shall provide, in accordance
5 with subdivision (f) of this section, for the appointment of a suffi-
6 cient number of support magistrates to hear and determine support
7 proceedings. Except as hereinafter provided, support magistrates shall
8 be empowered to hear, determine and grant any relief within the powers
9 of the court in any proceeding under this article, articles five,
10 five-A, and five-B and sections two hundred thirty-four and two hundred
11 thirty-five of this act, and objections raised pursuant to section five
12 thousand two hundred forty-one of the civil practice law and rules.
13 Support magistrates shall not be empowered to hear, determine and grant
14 any relief with respect to issues specified in [subdivision five of
15 section four hundred fifty-four or] section four hundred fifty-five of
16 this [act] article, issues of contested paternity involving claims of
17 equitable estoppel, custody, visitation including visitation as a
18 defense, and orders of protection or exclusive possession of the home,
19 which shall be referred to a judge as provided in subdivision (b) or (c)
20 of this section. Where an order of filiation is issued by a judge in a
21 paternity proceeding and child support is in issue, the judge, or
22 support magistrate upon referral from the judge, shall be authorized to
23 immediately make a temporary or final order of support, as applicable. A
24 support magistrate shall have the authority to hear and decide motions
25 and issue summonses and subpoenas to produce persons pursuant to section
26 one hundred fifty-three of this act, hear and decide proceedings and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14891-02-2
A. 10345 2
1 issue any order authorized by subdivision (g) of section five thousand
2 two hundred forty-one of the civil practice law and rules, issue subpoe-
3 nas to produce prisoners pursuant to section two thousand three hundred
4 two of the civil practice law and rules and make a determination that
5 any person before the support magistrate is in violation of an order of
6 the court as authorized by section one hundred fifty-six of this act
7 subject to confirmation by a judge of the court who shall impose any
8 punishment for such violation as provided by law. A determination by a
9 support magistrate that a person is in willful violation of an order
10 under subdivision three of section four hundred fifty-four of this arti-
11 cle and that recommends commitment shall be transmitted to the parties,
12 accompanied by findings of fact, but the determination shall have no
13 force and effect until confirmed by a judge of the court.
14 § 2. Subdivision (a) of section 439 of the family court act, as
15 amended by section 2 of chapter 576 of the laws of 2005, is amended to
16 read as follows:
17 (a) The chief administrator of the courts shall provide, in accordance
18 with subdivision (f) of this section, for the appointment of a suffi-
19 cient number of support magistrates to hear and determine support
20 proceedings. Except as hereinafter provided, support magistrates shall
21 be empowered to hear, determine and grant any relief within the powers
22 of the court in any proceeding under this article, articles five,
23 five-A, and five-B and sections two hundred thirty-four and two hundred
24 thirty-five of this act, and objections raised pursuant to section five
25 thousand two hundred forty-one of the civil practice law and rules.
26 Support magistrates shall not be empowered to hear, determine and grant
27 any relief with respect to issues specified in section four hundred
28 fifty-five of this [act] article, issues of contested paternity involv-
29 ing claims of equitable estoppel, custody, visitation including visita-
30 tion as a defense, and orders of protection or exclusive possession of
31 the home, which shall be referred to a judge as provided in subdivision
32 (b) or (c) of this section. Where an order of filiation is issued by a
33 judge in a paternity proceeding and child support is in issue, the
34 judge, or support magistrate upon referral from the judge, shall be
35 authorized to immediately make a temporary or final order of support, as
36 applicable. A support magistrate shall have the authority to hear and
37 decide motions and issue summonses and subpoenas to produce persons
38 pursuant to section one hundred fifty-three of this act, hear and decide
39 proceedings and issue any order authorized by subdivision (g) of section
40 five thousand two hundred forty-one of the civil practice law and rules,
41 issue subpoenas to produce prisoners pursuant to section two thousand
42 three hundred two of the civil practice law and rules and make a deter-
43 mination that any person before the support magistrate is in violation
44 of an order of the court as authorized by section one hundred fifty-six
45 of this act subject to confirmation by a judge of the court who shall
46 impose any punishment for such violation as provided by law. A determi-
47 nation by a support magistrate that a person is in willful violation of
48 an order under subdivision three of section four hundred fifty-four of
49 this article and that recommends commitment shall be transmitted to the
50 parties, accompanied by findings of fact, but the determination shall
51 have no force and effect until confirmed by a judge of the court.
52 § 3. Subdivision 5 of section 454 of the family court act, as amended
53 by chapter 601 of the laws of 2007, is amended to read as follows:
54 5. The court may review a support collection unit's denial of a chal-
55 lenge made by a support obligor pursuant to paragraph (d) of subdivision
56 twelve of section one hundred eleven-b of the social services law if
A. 10345 3
1 objections thereto are filed by a support obligor who has received
2 notice that the office of temporary and disability assistance intends to
3 notify the department of motor vehicles that the support obligor's driv-
4 ing privileges are to be suspended. Specific written objections to a
5 support collection unit's denial may be filed by the support obligor
6 within thirty-five days of the mailing of the notice of the support
7 collection unit's denial. A support obligor who files such objections
8 shall serve a copy of the objections upon the support collection unit,
9 which shall have ten days from such service to file a written rebuttal
10 to such objections and a copy of the record upon which the support
11 collection unit's denial was made, including all documentation submitted
12 by the support obligor. Proof of service shall be filed with the court
13 at the time of filing of objections and any rebuttal. The court's review
14 shall be based upon the record and submissions of the support obligor
15 and the support collection unit upon which the support collection unit's
16 denial was made. Within forty-five days after the rebuttal, if any, is
17 filed, the [family] court [judge] shall (i) deny the objections and
18 remand to the support collection unit or (ii) affirm the objections if
19 the court finds the determination of the support collection unit is
20 based upon a clearly erroneous determination of fact or error of law,
21 whereupon the court shall direct the support collection unit not to
22 notify the department of motor vehicles to suspend the support obligor's
23 driving privileges. Provisions set forth herein relating to procedures
24 for appeal to the family court by individuals subject to suspension of
25 driving privileges for failure to pay child support shall apply solely
26 to such cases and not affect or modify any other procedure for review or
27 appeal of administrative enforcement of child support requirements.
28 § 4. This act shall take effect on the ninetieth day after it shall
29 have become a law; provided, however, that:
30 (a) the amendments to subdivision (a) of section 439 of the family
31 court act made by section one of this act shall be subject to the expi-
32 ration and reversion of such subdivision pursuant to subdivision 19 of
33 section 246 of chapter 81 of the laws of 1995, as amended, when upon
34 such date the provisions of section two of this act shall take effect;
35 and
36 (b) the amendments to subdivision 5 of section 454 of the family court
37 act made by section three of this act shall be subject to the repeal of
38 such subdivision pursuant to subdivision 19 of section 246 of chapter 81
39 of the laws of 1995, as amended.