Court Opinions

State Laws

US Code

US Constitution

New York Family Court - Part 3 - § 439 Support Magistrates

Legal Research Home > New York Laws > Family Court > New York Family Court - Part 3 - § 439 Support Magistrates

 
    §  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, 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 subdivision five of section four hundred fifty-four
  or section four hundred fifty-five of  this  act,  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 until June 30, 2013
    * (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 act, 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 June 30, 2013
    (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.

Last modified: February 18, 2012