S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5735
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 23, 2023
                                ___________
 
 Introduced  by M. of A. REYES -- read once and referred to the Committee
   on Judiciary
 
 AN ACT to amend the family court act, in relation to  authorizing  expe-
   dited  settlement  conference processes for establishing child support
   orders
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivisions  (c)  and (d) of section 439-a of the family
 court act are relettered (d) and (e) and a new subdivision (c) is  added
 to read as follows:
   (C)  (I) PURPOSE. TO AUTHORIZE THE DEVELOPMENT OF EXPEDITED SETTLEMENT
 CONFERENCE PROCESSES IN EACH FAMILY COURT TO FACILITATE  THE  ESTABLISH-
 MENT  OF  CHILD SUPPORT ORDERS PURSUANT TO SECTION FOUR HUNDRED THIRTEEN
 OF THIS ARTICLE CONSISTENT WITH THE STATE'S CHILD SUPPORT GUIDELINES FOR
 PARENTS WHO AGREE ON CHILD SUPPORT AND SEEK TO VOLUNTARILY ENGAGE  IN  A
 SETTLEMENT CONFERENCE, EXPEDITED SETTLEMENT CONFERENCES SHALL BE AUTHOR-
 IZED  AND  DEVELOPED PURSUANT TO THIS SECTION. SUCH EXPEDITED SETTLEMENT
 CONFERENCES ARE NOT FOR THE PURPOSE OF PARENTS' NEGOTIATION OR MEDIATION
 OF DISPUTES CONCERNING INCOME OR ISSUES RELATED TO THE DETERMINATION  OF
 CHILD  SUPPORT.  FURTHER,  SUCH EXPEDITED SETTLEMENT CONFERENCES ARE NOT
 FOR USE IN ACTIONS BROUGHT  BY  PUBLIC  WELFARE  OFFICIALS  FOR  SUPPORT
 PURSUANT  TO  SUBDIVISION  ONE  OF SECTION ONE HUNDRED TWO OF THE SOCIAL
 SERVICES LAW. THE COURT ADMINISTRATION SHALL PROMULGATE OR  AMEND  FORMS
 AS NECESSARY TO IMPLEMENT THE TERMS OF THIS SECTION.
   (II)  INITIATING THE EXPEDITED SETTLEMENT CONFERENCE. (A) AN EXPEDITED
 SETTLEMENT CONFERENCE MAY BE INITIATED:
   (1) BY A PETITIONER SELECTING THE OPTION FOR A CONFERENCE ON THE PETI-
 TION, WITH NO OBJECTION BY THE RESPONDENT.
   (2) BY REFERRAL FROM A FAMILY COURT.
   (B) PARTIES SEEKING TO ENGAGE IN AN  EXPEDITED  SETTLEMENT  CONFERENCE
 SHALL  APPLY  FOR  CHILD  SUPPORT SERVICES PURSUANT TO TITLE IV-D OF THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09871-01-3
              

 A. 5735                             2
 
 FEDERAL SOCIAL SECURITY ACT, EITHER BY INDICATION ON  THE  PETITION  FOR
 SUPPORT OR ON THE STIPULATION FOR CHILD SUPPORT.
   (C) THE FOLLOWING CASES SHALL BE EXCLUDED FROM AN EXPEDITED SETTLEMENT
 CONFERENCE PROCESS:
   (1)  CASES  THAT  INVOLVE MINOR PARENTS WHO ARE UNREPRESENTED BY LEGAL
 COUNSEL.
   (2) CASES THAT REQUIRE A DETERMINATION OF PARENTAGE.
   (3) CASES BETWEEN PARTIES WHO ARE ALSO PARTIES TO A TEMPORARY OR FINAL
 ORDER OF PROTECTION ISSUED BY ANY COURT OF COMPETENT JURISDICTION.
   (4) CASES THAT INVOLVE SPOUSAL SUPPORT IN ADDITION TO CHILD SUPPORT.
   (III) EXCHANGE OF FINANCIAL AFFIDAVITS AND  SUPPORTING  DOCUMENTATION.
 THE  PARTIES SHALL EXCHANGE FINANCIAL AFFIDAVITS AND SUPPORTING DOCUMEN-
 TATION IN ACCORDANCE WITH SECTION FOUR  HUNDRED  TWENTY-FOUR-A  OF  THIS
 ARTICLE,  UNLESS  THE  PARTIES  EXPRESSLY WAIVE ALL OR FURTHER FINANCIAL
 DISCLOSURE.
   (IV) CONDUCT OF THE CONFERENCE. (A) AT THE  OUTSET  OF  THE  EXPEDITED
 SETTLEMENT  CONFERENCE,  THE  PARTIES  SHALL  BE  INFORMED AS TO HOW THE
 CONFERENCE WILL PROCEED. SUCH NOTICE SHALL INCLUDE, BUT NOT  BE  LIMITED
 TO:
   (1)  THAT THE PARTIES HAVE A RIGHT TO CONSULT WITH OR RETAIN AN ATTOR-
 NEY PRIOR TO REACHING AGREEMENT;
   (2) THAT PARTICIPATION IN THE CONFERENCE IS VOLUNTARY AND THAT, AT ANY
 TIME DURING THE CONFERENCE, EITHER PARTY CAN INDICATE THAT  THEY  CHOOSE
 TO DISCONTINUE THE CONFERENCE FOR ANY REASON;
   (3)  THAT  SECTION  FOUR HUNDRED TWENTY-FOUR-A OF THE FAMILY COURT ACT
 REQUIRES PARTIES TO A SUPPORT CASE TO ENGAGE IN FINANCIAL DISCLOSURE AND
 THAT THERE SHALL BE NO FURTHER FINANCIAL DISCLOSURE OR DISCOVERY IF  THE
 PARTIES  ACHIEVE  A VALIDLY EXECUTED CHILD SUPPORT AGREEMENT THROUGH THE
 EXPEDITED SETTLEMENT CONFERENCE PROCESS; AND
   (4) THAT CHILD SUPPORT ORDERS, INCLUDING COURT-ORDERED AGREEMENTS, CAN
 BE MODIFIED ON THE BASES ENUMERATED IN SECTION FOUR HUNDRED FIFTY-ONE OF
 THIS ARTICLE AND AS LISTED ON THE STIPULATION FOR  CHILD  SUPPORT  FORM,
 AND  THAT A VALIDLY EXECUTED AGREEMENT BETWEEN THE PARTIES OPTING OUT OF
 THE BASES FOR MODIFICATION UNDER SUBPARAGRAPHS (I) AND (II) OF PARAGRAPH
 (B) OF SUBDIVISION THREE OF SECTION FOUR HUNDRED FIFTY-ONE OF THIS ARTI-
 CLE MEANS THOSE BASES WILL NOT BE AVAILABLE TO A PARTY SEEKING MODIFICA-
 TION OF THE COURT-ORDERED AGREEMENT IN THE FUTURE.
   (B) FOR THE PURPOSES OF THIS SECTION, THE FAMILY COURT  STAFF  FACILI-
 TATING  THE CONFERENCE SHALL REVIEW THE FINANCIAL AFFIDAVIT SUBMITTED BY
 EACH PARTY AND ANY OTHER DOCUMENTATION OR INFORMATION  PROVIDED  BY  THE
 PARTIES  AND  SHALL  COMPLETE  A  CHILD  SUPPORT GUIDELINES WORKSHEET TO
 CALCULATE THE SUPPORT OBLIGATION.
   (C) THE FAMILY COURT STAFF FACILITATING THE  CONFERENCE  SHALL  REVIEW
 THE  CHILD SUPPORT GUIDELINES WORKSHEET WITH THE PARTIES AND THE SUPPORT
 OBLIGATION RESULTING FROM THE CALCULATIONS AND CONFIRM THAT THE  PARTIES
 RECEIVED  AND  HAD THE OPPORTUNITY TO REVIEW A COPY OF THE CHILD SUPPORT
 STANDARDS CHART PROMULGATED BY THE COMMISSIONER OF THE OFFICE OF  TEMPO-
 RARY  AND DISABILITY ASSISTANCE PURSUANT TO SECTION ONE HUNDRED ELEVEN-I
 OF THE SOCIAL SERVICES LAW.
   (D) WHERE THE COMBINED PARENTAL INCOME EXCEEDS THE AMOUNT SET FORTH IN
 PARAGRAPH (B) OF SUBDIVISION TWO OF SECTION ONE HUNDRED ELEVEN-I OF  THE
 SOCIAL  SERVICES  LAW,  THE  PARTIES  SHALL BE INFORMED AT THE EXPEDITED
 SETTLEMENT CONFERENCE THAT THE LAW PERMITS, BUT DOES  NOT  REQUIRE,  THE
 USE  OF  THE  CHILD SUPPORT PERCENTAGES IN CALCULATING THE CHILD SUPPORT
 OBLIGATION ON THE INCOME ABOVE THE STATUTORY  CAP  AND  THAT  THE  CHILD
 SUPPORT  OBLIGATION  FOR  PARENTAL INCOME ABOVE THE STATUTORY CAP MAY BE
 A. 5735                             3
 
 DETERMINED PURSUANT TO THE FACTORS LISTED IN PARAGRAPH (F)  OF  SUBDIVI-
 SION ONE OF SECTION FOUR HUNDRED THIRTEEN OF THIS ARTICLE AS AN ALTERNA-
 TIVE TO APPLYING THE CHILD SUPPORT PERCENTAGES.
   (E) TO THE EXTENT RESOURCES ARE AVAILABLE IN A FAMILY COURT, THE EXPE-
 DITED  SETTLEMENT CONFERENCE AND SUBSEQUENT APPEARANCES BEFORE A SUPPORT
 MAGISTRATE MAY BE HELD VIRTUALLY UPON CONSENT  OF  THE  PARTIES  AND  IN
 ACCORDANCE  WITH SUBDIVISION (C) OF SECTION FOUR HUNDRED THIRTY-THREE OF
 THIS PART.
   (F) THE COURT SHALL PROVIDE INTERPRETATION  SERVICES  FOR  PARTIES  IN
 EXPEDITED  CHILD  SUPPORT SETTLEMENT CONFERENCES WHEN A COURT DETERMINES
 THAT A PARTY OR WITNESS, OR AN INTERESTED PARENT OR GUARDIAN OF A  MINOR
 PARTY  IN  SUCH  PROCEEDING,  IS UNABLE TO UNDERSTAND AND COMMUNICATE IN
 ENGLISH TO THE EXTENT THAT HE OR SHE CANNOT MEANINGFULLY PARTICIPATE  IN
 SUCH  PROCEEDINGS. THE CLERK OF THE COURT OR ANOTHER DESIGNATED ADMINIS-
 TRATIVE OFFICER SHALL SCHEDULE AN INTERPRETER  AT  NO  EXPENSE  FROM  AN
 APPROVED  LIST  MAINTAINED  BY  THE  OFFICE OF COURT ADMINISTRATION. THE
 COURT MAY PERMIT AN INTERPRETER TO INTERPRET BY TELEPHONE OR LIVE  AUDI-
 OVISUAL MEANS. IF NO PRE-APPROVED INTERPRETER IS AVAILABLE, THE CLERK OF
 THE COURT OR ANOTHER DESIGNATED ADMINISTRATIVE OFFICER SHALL SCHEDULE AN
 INTERPRETER  AT  NO EXPENSE AS JUSTICE REQUIRES. THIS SUBPARAGRAPH SHALL
 NOT ALTER OR DIMINISH THE COURT'S AUTHORITY AND DUTY TO ASSURE  JUSTNESS
 IN  PROCEEDINGS  BEFORE  IT.  A PERSON WITH LIMITED ENGLISH PROFICIENCY,
 OTHER THAN A PERSON TESTIFYING AS A WITNESS, MAY WAIVE A COURT-APPOINTED
 INTERPRETER, WITH THE CONSENT OF THE COURT, IF THE PERSON  PROVIDES  HIS
 OR HER OWN INTERPRETER AT HIS OR HER OWN EXPENSE.
   (V)  ISSUANCE  OF A CHILD SUPPORT STIPULATION OR REFERRAL TO A SUPPORT
 MAGISTRATE; EFFECT. (A) IF AN EXPEDITED SETTLEMENT CONFERENCE RESULTS IN
 AN AGREEMENT OF THE PARTIES, EACH PARTY SHALL  SIGN  THE  CHILD  SUPPORT
 STIPULATION  AND  SAME  SHALL  BE  PROVIDED  TO A SUPPORT MAGISTRATE FOR
 REVIEW AND CONFIRMATION ON THE DATE OF THE CONFERENCE. A  CHILD  SUPPORT
 ORDER  ISSUED  UNDER  THIS  SECTION AND CONFIRMED BY A COURT PURSUANT TO
 SECTION FOUR HUNDRED TWENTY-FIVE OF THIS ARTICLE CONSTITUTES AN ORDER OF
 THE COURT AND IS ENFORCEABLE BY ANY MEANS AVAILABLE FOR THE  ENFORCEMENT
 OF  CHILD  SUPPORT  OBLIGATIONS  UNDER  THIS PART, THIS ARTICLE, ARTICLE
 FIVE-B OF THIS CHAPTER, ARTICLE FIFTY-TWO OF THE CIVIL PRACTICE LAW  AND
 RULES, OR ANY OTHER APPLICABLE PROVISIONS OF LAW.
   (B) IF A CONFERENCE DOES NOT RESULT IN AGREEMENT BY ALL PARTIES TO THE
 CHILD  SUPPORT  ORDER, THE PARTIES SHALL BE REFERRED TO A SUPPORT MAGIS-
 TRATE ON THE DATE OF THE CONFERENCE FOR  CONTINUED  PROCEEDINGS  ON  THE
 PETITION FOR SUPPORT.
   (VI)  EVALUATION  AND  DATA  REPORTING. THE COURT ADMINISTRATION SHALL
 MAKE PUBLICLY AVAILABLE AN ANNUAL REPORT ON DATA RELATED TO MEASURES  OF
 THE OPERATION AND IMPACT OF FAMILY COURT EXPEDITED SETTLEMENT CONFERENCE
 PROCESSES INCLUDING, BUT NOT LIMITED TO:
   (A) THE NUMBER OF SUPPORT ORDERS ESTABLISHED THROUGH EXPEDITED SETTLE-
 MENT CONFERENCE PROCESSES.
   (B)  THE AVERAGE TIME REQUIRED TO COMPLETE THE PROCESS FOR CASES WHERE
 PARTIES REACH AGREEMENT SUCH AS THE TIME BETWEEN FILING AND ISSUANCE  OF
 CHILD SUPPORT ORDER UPON STIPULATION.
   (C)  THE  NUMBER OF CASES IN WHICH THE EXPEDITED SETTLEMENT CONFERENCE
 PROCESS IS DEEMED UNAVAILABLE TO PARTIES BECAUSE THEY ARE  ALSO  PARTIES
 TO A TEMPORARY OR FINAL ORDER OF PROTECTION.
   (D)  THE PERCENTAGE OF CASES IN WHICH THE EXPEDITED SETTLEMENT CONFER-
 ENCE PROCESS IS BEGUN BUT THEN TERMINATED WITHOUT RESULTING IN A  STIPU-
 LATION FOR CHILD SUPPORT.
 A. 5735                             4
 
   § 2. This act shall take effect on the one hundred twentieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.