§ 439. Support magistrates. * (a) The chief administrator of the
courts shall provide, in accordance with subdivision (f) of this
section, for the appointment of a sufficient number of support
magistrates to hear and determine support proceedings. Except as
hereinafter provided, support magistrates shall be empowered to hear,
determine and grant any relief within the powers of the court in any
proceeding under this article, articles five, five-A, five-B and five-C
and sections two hundred thirty-four and two hundred thirty-five of this
act, and objections raised pursuant to section five thousand two hundred
forty-one of the civil practice law and rules. Support magistrates shall
not be empowered to hear, determine and grant any relief with respect to
issues specified in section four hundred fifty-five of this article,
issues of contested parentage involving claims of equitable estoppel,
custody, visitation including visitation as a defense, determinations of
parentage made pursuant to section 581-407 of this act, and orders of
protection or exclusive possession of the home, which shall be referred
to a judge as provided in subdivision (b) or (c) of this section. Where
an order of filiation is issued by a judge in a paternity proceeding and
child support is in issue, the judge, or support magistrate upon
referral from the judge, shall be authorized to immediately make a
temporary or final order of support, as applicable. A support magistrate
shall have the authority to hear and decide motions and issue summonses
and subpoenas to produce persons pursuant to section one hundred
fifty-three of this act, hear and decide proceedings and issue any order
authorized by subdivision (g) of section five thousand two hundred
forty-one of the civil practice law and rules, issue subpoenas to
produce prisoners pursuant to section two thousand three hundred two of
the civil practice law and rules and make a determination that any
person before the support magistrate is in violation of an order of the
court as authorized by section one hundred fifty-six of this act subject
to confirmation by a judge of the court who shall impose any punishment
for such violation as provided by law. A determination by a support
magistrate that a person is in willful violation of an order under
subdivision three of section four hundred fifty-four of this article and
that recommends commitment shall be transmitted to the parties,
accompanied by findings of fact, but the determination shall have no
force and effect until confirmed by a judge of the court.

* NB Effective until August 31, 2025

* (a) The chief administrator of the courts shall provide, in
accordance with subdivision (f) of this section, for the appointment of
a sufficient number of support magistrates to hear and determine support
proceedings. Except as hereinafter provided, support magistrates shall
be empowered to hear, determine and grant any relief within the powers
of the court in any proceeding under this article, articles five,
five-A, and five-B and sections two hundred thirty-four and two hundred
thirty-five of this act, and objections raised pursuant to section five
thousand two hundred forty-one of the civil practice law and rules.
Support magistrates shall not be empowered to hear, determine and grant
any relief with respect to issues specified in section four hundred
fifty-five of this article, issues of contested paternity involving
claims of equitable estoppel, custody, visitation including visitation
as a defense, and orders of protection or exclusive possession of the
home, which shall be referred to a judge as provided in subdivision (b)
or (c) of this section. Where an order of filiation is issued by a judge
in a paternity proceeding and child support is in issue, the judge, or
support magistrate upon referral from the judge, shall be authorized to
immediately make a temporary or final order of support, as applicable. A
support magistrate shall have the authority to hear and decide motions
and issue summonses and subpoenas to produce persons pursuant to section
one hundred fifty-three of this act, hear and decide proceedings and
issue any order authorized by subdivision (g) of section five thousand
two hundred forty-one of the civil practice law and rules, issue
subpoenas to produce prisoners pursuant to section two thousand three
hundred two of the civil practice law and rules and make a determination
that any person before the support magistrate is in violation of an
order of the court as authorized by section one hundred fifty-six of
this act subject to confirmation by a judge of the court who shall
impose any punishment for such violation as provided by law. A
determination by a support magistrate that a person is in willful
violation of an order under subdivision three of section four hundred
fifty-four of this article and that recommends commitment shall be
transmitted to the parties, accompanied by findings of fact, but the
determination shall have no force and effect until confirmed by a judge
of the court.

* NB Effective August 31, 2025

(b) In any proceeding to establish paternity which is heard by a
support magistrate, the support magistrate shall advise the mother and
putative father of the right to be represented by counsel and shall
advise the mother and putative father of their right to blood grouping
or other genetic marker or DNA tests in accordance with section five
hundred thirty-two of this act. The support magistrate shall order that
such tests be conducted in accordance with section five hundred
thirty-two of this act. The support magistrate shall be empowered to
hear and determine all matters related to the proceeding including the
making of an order of filiation pursuant to section five hundred
forty-two of this act, provided, however, that where the respondent
denies paternity and paternity is contested on the grounds of equitable
estoppel, the support magistrate shall not be empowered to determine the
issue of paternity, but shall transfer the proceeding to a judge of the
court for a determination of the issue of paternity. Where an order of
filiation is issued by a judge in a paternity proceeding and child
support is in issue, the judge, or support magistrate upon referral from
the judge, shall be authorized to immediately make a temporary or final
order of support, as applicable. Whenever an order of filiation is made
by a support magistrate, the support magistrate also shall make a final
or temporary order of support.

(c) The support magistrate, in any proceeding in which issues
specified in section four hundred fifty-five of this act, or issues of
custody, visitation, including visitation as a defense, orders of
protection or exclusive possession of the home are present or in which
paternity is contested on the grounds of equitable estoppel, shall make
a temporary order of support and refer the proceeding to a judge. Upon
determination of such issue by a judge, the judge may make a final
determination of the issue of support, or immediately refer the
proceeding to a support magistrate for further proceedings regarding
child support or other matters within the authority of the support
magistrate.

(d) Rules of evidence shall be applicable in proceedings before a
support magistrate. A support magistrate shall have the power to issue
subpoenas, to administer oaths and to direct the parties to engage in
and permit such disclosure as will expedite the disposition of issues.
The assignment of proceedings and matters to support magistrates, the
conduct of the trial before a support magistrate, the contents and
filing of a support magistrate's findings of fact and decision and all
matters incidental to proceedings before support magistrates shall be in
accordance with rules provided for by the chief administrator of the
courts. Proceedings held before a support magistrate may be recorded
mechanically as provided by the chief administrator of the courts. A
transcript of such proceeding may be made available in accordance with
the rules of the chief administrator of the courts.

(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
mailing 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 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.

(f) The chief administrator shall promulgate written rules for the
selection, appointment, reappointment, compensation and training of
support magistrates, who shall be attorneys admitted to the practice of
law in this state for at least three years and who shall be
knowledgeable with respect to the family court and federal and state
support law and programs. Support magistrates shall be appointed on a
full-time basis for a term of three years and may be reappointed for
subsequent terms which shall be five years in length, except that the
rules promulgated hereunder may permit the appointment of an acting
support magistrate to serve during a support magistrate's authorized
leave of absence. Where it is determined that the employment of a
full-time support magistrate is not required, one or more counties may
agree to share the services of a full-time support magistrate or a
support magistrate may be appointed to serve within one or more counties
on a part-time basis.