STATE OF NEW YORK
________________________________________________________________________
5423
2015-2016 Regular Sessions
IN SENATE
May 14, 2015
___________
Introduced by Sen. FELDER -- (at request of the Office of Temporary and
Disability Assistance) -- read twice and ordered printed, and when
printed to be committed to the Committee on Social Services
AN ACT to amend the social services law and the family court act, in
relation to administrative procedures for establishing support orders;
and providing for the repeal of such provisions upon expiration there-
of
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph g of subdivision 2 of section 111-c of the social
2 services law, as added by chapter 809 of the laws of 1985, is amended to
3 read as follows:
4 g. obtain from respondent, when appropriate and in accordance with the
5 procedures established by section one hundred eleven-k and section one
6 hundred eleven-l of this [chapter] title, an [acknowledgement] acknowl-
7 edgment of paternity or an agreement to make support payments, or both;
8 § 2. The opening paragraph and paragraph (b) of subdivision 1 of
9 section 111-k of the social services law, the opening paragraph as
10 amended by chapter 398 of the laws of 1997 and paragraph (b) as amended
11 by chapter 214 of the laws of 1998, is amended to read as follows:
12 A social services official or his or her designated representative who
13 confers with a potential respondent or respondent, hereinafter referred
14 to in this section as the "respondent,"[,] the mother of a child born
15 out of wedlock and any other interested persons, pursuant to section one
16 hundred eleven-c of this title, may obtain:
17 (b) an agreement to make support payments as provided in subdivision
18 (a) of section four hundred twenty-five of the family court act. Prior
19 to the execution of such agreement, the respondent shall be advised,
20 orally, which may be through the use of audio or video equipment, and in
21 writing, of the consequences of such agreement, that the respondent can
22 be held liable for support only if the family court, after a hearing,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09631-01-5
S. 5423 2
1 makes an order of support; that respondent has a right to consult with
2 an attorney and that the agreement will be submitted to the family court
3 for approval pursuant to subdivision (a) of section four hundred twen-
4 ty-five of the family court act; and that by executing the agreement,
5 the respondent waives any right to a hearing regarding any matter
6 contained in such agreement.
7 § 3. The social services law is amended by adding a new section 111-l
8 to read as follows:
9 § 111-l. Child support order establishment conference pilot process.
10 1. Purpose. To authorize the development of a three-year pilot project
11 allowing social services districts to take expedited administrative
12 actions to facilitate the establishment of child support orders consist-
13 ent with the state's child support guidelines.
14 2. Initiating administrative actions. (a) A child support order,
15 either agreed or non-agreed, issued under this section and confirmed by
16 a court pursuant to subdivision (b) of section four hundred twenty-five
17 of the family court act constitutes an order of the court and is
18 enforceable by any means available for the enforcement of child support
19 obligations under this title, articles four and five-B of the family
20 court act, or under article fifty-two of the civil practice law and
21 rules, and any other applicable provisions of law.
22 (b) An administrative action under this section may be initiated by
23 serving a notice to establish a child support order by conference to
24 each party entitled to notice.
25 (c) Cases that involve minor parents, require a determination of
26 paternity, or have verified family violence indicators will be excluded
27 from an administrative action under this section.
28 3. Contents of notice to establish a child support order by confer-
29 ence. The notice to establish a child support order by conference
30 issued by the social services official must:
31 (a) describe the procedure for the conference;
32 (b) inform the party that the party may be represented by legal coun-
33 sel during the conference or at a court hearing;
34 (c) inform the party that the party may refuse to participate or cease
35 participation in the conference, but that the refusal by the party to
36 participate will not prevent the completion of the conference or the
37 filing of a non-agreed proposed order with the court pursuant to subdi-
38 vision fourteen of this section;
39 (d) inform the party that an affidavit in support of the conference
40 process promulgated by the commissioner and sent with the notice shall
41 be executed by the party and returned to the social services official
42 along with any documentation or information in support of the affidavit
43 not later than the fifteenth day after the date the notice is served;
44 (e) inform the party that if the requested affidavit is not returned
45 as required, the agency may:
46 (i) proceed with the conference process using the information provided
47 by the parties or otherwise obtained or available to the agency; or
48 (ii) file a petition with the court for child support; and
49 (f) direct the party to contact the social services district if the
50 party believes that pursuing child support would expose the party or the
51 child to physical or emotional harm.
52 4. Service of notice. Any notice or order required to be served under
53 this section may be delivered by personal service of first class mail on
54 each party entitled to notice as provided under article four of the
55 family court act.
S. 5423 3
1 5. Issuance of administrative subpoena. As part of the conference
2 process under this section, the social services district may issue
3 administrative subpoenas as authorized under section one hundred
4 eleven-p of this title.
5 6. Notice of conference. (a) The social services district shall notify
6 all parties entitled to notice of the conference of the date, time, and
7 place of the conference, such conference shall be scheduled no later
8 than the thirtieth day after the date of the notice.
9 (b) If a party fails to attend the scheduled conference the social
10 services district may proceed with the conference and file a non-agreed
11 proposed order based upon the information available to the district.
12 (c) The social services district may reschedule a conference on the
13 reasonable request of any party. The social services district shall give
14 all parties notice of a rescheduled conference not later than the third
15 day before the date of the rescheduled conference.
16 7. Information required to be provided by the social services official
17 at the conference. At the beginning of the conference, the social
18 services district shall review with the parties participating in the
19 conference the information provided in the notice to establish a child
20 support order by conference and inform the parties that:
21 (a) the purpose of the conference is to provide an opportunity to
22 reach an agreement on a child support order under the child support
23 guidelines and that the basic child support obligation calculated pursu-
24 ant to the guidelines would presumptively result in the correct amount
25 of child support to be awarded. The parties shall be provided with a
26 copy of the child support standards chart promulgated by the commission-
27 er pursuant to section one hundred eleven-i of this title and a copy of
28 the child support guidelines worksheet promulgated by the commissioner
29 in consultation with the office of court administration;
30 (b) if the parties reach an agreement, the social services district
31 will prepare an agreed proposed order to be presented to the court for
32 confirmation pursuant to subdivision (b) of section four hundred twen-
33 ty-five of the family court act;
34 (c) a party does not have to sign the order prepared by the social
35 services district; however, the social services district may file a
36 non-agreed proposed order with the court without the agreement of the
37 parties and the parties shall be liable for support only upon confirma-
38 tion of the order by the family court pursuant to subdivision (b) of
39 section four hundred twenty-five of the family court act or, if a party
40 requests a hearing and such hearing is held, the court makes an order of
41 support;
42 (d) the parties who reach an agreement shall sign a waiver of the
43 right to service of process and to a hearing regarding any matter
44 contained in an agreement proposed order; and
45 (e) a party may file a request for a de novo hearing on a non-agreed
46 proposed order no later than the twentieth day after the date of a copy
47 of the petition for confirmation of the order is served upon the party.
48 8. Conduct of the conference. (a) For the purposes of this section,
49 the social services district shall review the affidavit submitted by
50 each party and any other documentation or information provided by the
51 parties or obtained pursuant to authority granted in this title and
52 shall complete a child support guidelines worksheet to calculate the
53 support obligation.
54 (b) The social services district shall review the child support guide-
55 lines worksheet with the parties and the support obligation resulting
56 from the calculations.
S. 5423 4
1 (c) The social services district shall prepare the proposed order,
2 either agreed or non-agreed, or prepare a record of a determination that
3 no order should be submitted to the court as set forth in this section.
4 9. Record of proceedings. (a) For the purposes of this section,
5 documentation or information relied on by the social services district,
6 including an affidavit of a party, together with the child support order
7 is sufficient record of the proceedings.
8 (b) The social services district is not required to make any other
9 record or transcript of the conference.
10 10. Issuance of a child support order or finding that no order should
11 be submitted; effect. (a) If a conference results in an agreement of the
12 parties, each party shall sign the child support order no later than the
13 fifth day after the date of the conference and the order shall contain
14 the information set forth in subdivision eleven of this section.
15 (b) If a conference does not result in agreement by all parties to the
16 child support order, the social services district shall render a final
17 decision no later than the fifth day after the date of the conference in
18 the form of either a non-agreed proposed order or a determination that
19 the agency should not submit a child support order to the court.
20 (c) If the social services district determines that a child support
21 order should not be submitted to the court, the agency shall immediately
22 provide each party with notice of the determination by personal delivery
23 or by first class mail. A determination that a child support order
24 should not be submitted to the court shall include a statement of the
25 reasons that an order is not being submitted and a statement that the
26 agency's determination does not affect the right of the social services
27 district or a party to seek an order of support or to request any other
28 remedy provided by law.
29 11. Contents of an order. (a) An order issued under this section shall
30 be reviewed and signed by a social services official, or his or her
31 designee.
32 (b) If a conference results in an agreement of the parties, the order
33 shall contain the following as to each party:
34 (i) a waiver by the party of the right to service of process and a
35 court hearing;
36 (ii) the mailing address of the party; and
37 (iii) the following statement printed on the order in conspicuous
38 type:
39 "I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THIS CHILD SUPPORT
40 ORDER. I UNDERSTAND THAT IF I SIGN THIS ORDER, IT WILL BE CONFIRMED BY
41 THE COURT WITHOUT FURTHER NOTICE TO ME. I KNOW THAT IF I DO NOT OBEY THE
42 TERMS OF THIS ORDER I MAY BE HELD IN CONTEMPT OF COURT."
43 12. Withdrawal of an order. (a) The social services district may with-
44 draw a proposed order, either agreed or non-agreed, at any time before
45 the order is filed with the court.
46 (b) A new conference, with notice to all parties, may be scheduled or
47 the social services district may make a determination that a child
48 support order should not be issued and give notice of that determination
49 as provided by this section.
50 13. Filing of an agreed proposed order. The social services district
51 shall file an agreed proposed order that contains signed waivers of
52 service of process and a right to a hearing with the court.
53 14. Contents of a petition for confirmation of non-agreed proposed
54 order. (a) The social services district shall file a petition for
55 confirmation of a non-agreed proposed order.
S. 5423 5
1 (b) The petition shall include the non-agreed proposed order and the
2 child support worksheet as attachments, as well as any documentation or
3 information relied on by the social services district.
4 15. Evaluation. The office of temporary and disability assistance
5 shall conduct an evaluation of the operation and impact of the child
6 support order establishment conference pilot process, and shall submit
7 to the governor and the legislature an evaluation report containing the
8 findings from the pilot, the feasibility of a statewide program, and
9 recommendations, if any, for establishing a statewide program.
10 § 4. Section 425 of the family court act, as amended by chapter 81 of
11 the laws of 2003, is amended to read as follows:
12 § 425. Agreement to support. (a) If an agreement for the support of
13 the petitioner is brought about, it must be reduced to writing and
14 submitted to the family court or a support magistrate appointed pursuant
15 to section four hundred thirty-nine of this act for approval. If the
16 court or support magistrate approves it, the court without further hear-
17 ing may thereupon enter an order for the support of the petitioner by
18 the respondent in accordance with the agreement, which shall be binding
19 upon the respondent and shall in all respects be a valid order as though
20 made after process had been issued out of the court. The court record
21 shall show that such order was made upon agreement.
22 (b) Where a child support order is issued pursuant to the conference
23 process provided in section one hundred eleven-l of the social services
24 law, the child support order shall be submitted to the court.
25 (i) Upon the filing of an agreed proposed order by a social services
26 official:
27 (A) the court shall endorse on the order the date the order is filed
28 and the appropriate family court docket number;
29 (B) provided the agreed proposed order and the waivers of service and
30 a right to a hearing are signed by the parties, the court shall confirm
31 and sign the agreed proposed order no later than the third day after its
32 filing; provided, however, if the court finds that the agreed proposed
33 order and waivers of service and a hearing are not signed by all
34 parties, the court shall return the documents to the social services
35 official to allow such official to remedy the deficiency no later than
36 the third day after the filing of the agreed proposed order; and
37 (C) the order signed and confirmed by the court shall immediately
38 become a final order of the court and a copy thereof shall be mailed to
39 the social services district and the parties.
40 (ii) Upon the filing of a petition for confirmation of a non-agreed
41 proposed order issued by a social services district:
42 (A) the court shall immediately serve each party with a copy of the
43 petition for confirmation of the non-agreed proposed order, a copy of
44 the order, and a copy of the form to request a court hearing promulgated
45 by the office of court administration in consultation with the office of
46 temporary and disability assistance.
47 (B)(1) A party may file a request for a de novo hearing no later than
48 the twentieth day after the date the petition for confirmation of a
49 non-agreed proposed order is mailed to the party.
50 (2) A court shall consider any responsive pleading filed with the
51 court that is intended as an objection to confirmation of a non-agreed
52 proposed order, including a general denial, as a request for a de novo
53 court hearing.
54 (3) A request for a hearing filed during the period set forth in
55 clause one of this subparagraph stays confirmation of the order pending
56 the hearing.
S. 5423 6
1 (4) For purposes of the hearing, the petition for confirmation and the
2 child support order constitute a sufficient pleading by the social
3 services district for relief on any issue addressed in the petition and
4 order.
5 (C)(1) When a timely request for a court hearing has been filed as
6 provided in subparagraph (B), the court shall hold a de novo hearing no
7 later than the thirtieth day after the date the request was filed.
8 (2) If the court adjourns the hearing, the hearing shall be held no
9 later than the thirtieth day after the date set for the initial hearing.
10 (3) When a request for a de novo hearing has not been timely received,
11 the court shall confirm the non-agreed proposed order no later than the
12 thirtieth day after petition for confirmation was filed; provided,
13 however, that such order may be retroactively modified upward without a
14 showing of a change in circumstances.
15 (D) If the party who requested the hearing fails to appear at the
16 hearing, the court shall confirm the non-agreed proposed order.
17 (E) After the hearing, the court shall:
18 (1) immediately confirm the non-agreed proposed order; or
19 (2) enter an order of support.
20 (F) When a confirmation order is signed by the court, the non-agreed
21 proposed order becomes a final order of the court.
22 (G) The court shall immediately serve a copy of the confirmed non-a-
23 greed proposed order upon each party and the social services district,
24 together with notice of the right to file an objection no later than the
25 thirtieth day after the date the order was confirmed by the court.
26 § 5. This act shall take effect on the two hundred seventieth day
27 after it shall have become a law and shall remain in full force and
28 effect until three years after such effective date at which time this
29 act shall expire and be deemed repealed. The expiration and repeal of
30 this act, however, shall not diminish or impair the rights and responsi-
31 bilities of any parties who were subject to the provisions of this act
32 while it remained in effect.
