S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10571
 
                           I N  A S S E M B L Y
 
                               June 5, 2024
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Lavine) --
   (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 filing of
   objections to support  magistrate  determinations  in  child  support,
   paternity  and  parentage proceedings in family court and to the time-
   limit for appeals in all categories of family court cases
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Subdivision (e) of section 439 of the family court act, as
 amended  by  chapter  336  of  the  laws  of 2004, is amended to read as
 follows:
   (e) The determination of a support magistrate shall  include  findings
 of  fact  and,  except  with  respect  to  a  determination of a willful
 violation of an order under subdivision three of  section  four  hundred
 fifty-four  of  this article where commitment is recommended as provided
 in subdivision (a) of this section, a final order which shall be entered
 and transmitted to the parties. Specific written objections to  a  final
 order  of  a  support  magistrate  may be filed by either party with the
 court within thirty days after receipt of  the  order  in  court  or  by
 personal  service, or, if the objecting party or parties did not receive
 the order in court or by personal service, thirty-five days after  mail-
 ing  OR ELECTRONIC TRANSMISSION of the order to such party or parties. A
 party filing objections shall serve a copy of such objections  upon  the
 opposing  party, who shall have thirteen days from such service to serve
 and file a written rebuttal to such objections. Proof  of  service  upon
 the  opposing  party shall be filed with the court at the time of filing
 of objections and any rebuttal. Within fifteen days after  the  rebuttal
 is  filed,  or  the time to file such rebuttal has expired, whichever is
 applicable, the judge, based upon a review of  the  objections  and  the
 rebuttal,  if  any,  shall  (i) remand one or more issues of fact to the
 support magistrate, (ii) make, with or without holding  a  new  hearing,
 his or her own findings of fact and order, or (iii) deny the objections.
 Pending  review of the objections and the rebuttal, if any, the order of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09738-01-3
 A. 10571                            2
 
 the support magistrate shall be in full force and effect and no stay  of
 such  order  shall  be  granted.  In  the  event  a new order is issued,
 payments made by the respondent in excess of  the  new  order  shall  be
 applied  as a credit to future support obligations. The final order of a
 support magistrate, after objections and the rebuttal, if any, have been
 reviewed by a judge, may be appealed pursuant to article eleven of  this
 act.
   § 2. Section 1113 of the family court act, as amended by chapter 41 of
 the laws of 2010, is amended to read as follows:
   §  1113. Time of appeal. An appeal under this article must be taken no
 later than thirty days after the service  by  a  party  or  the  child's
 attorney upon the appellant of any order from which the appeal is taken,
 thirty days from receipt of the order by the appellant in court or thir-
 ty-five days from the mailing OR ELECTRONIC TRANSMISSION of the order to
 the appellant by the clerk of the court, whichever is earliest.
   All  such  orders shall contain the following statement in conspicuous
 print: "Pursuant to section 1113 of the family court act, an appeal must
 be taken within thirty days of receipt of  the  order  by  appellant  in
 court,  thirty-five days from the mailing  OR ELECTRONIC TRANSMISSION of
 the order to the appellant by the clerk of the  court,  or  thirty  days
 after  service  by a party or attorney for the child upon the appellant,
 whichever is earliest." When service of the order is made by the  court,
 the  time to take an appeal shall not commence unless the order contains
 such statement and there is an official notation in the court record  as
 to the date and the manner of service of the order.
   § 3. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.