§ 435 — Procedure; adjournment; confidentiality of requests

New York § 435

• Jurisdiction: New York
• Law FCT: Family Court Act
• Part 3: Hearing
• Art. 4: Support Proceedings

Text

§ 435. Procedure; adjournment; confidentiality of requests. (a)\nHearings are conducted by the court without a jury. The court may\nadjourn the hearing to enable it to make inquiry into the surroundings,\nconditions and capacities of the child, into the financial abilities and\nresponsibilities of both parents and for other proper cause. If the\ncourt so adjourns the hearing, it may require the respondent to give an\nundertaking to appear or in default thereof may commit him until the\nhearing resumes.\n (b) Hearings are conducted without a jury. The support magistrate may\nadjourn the hearing in order to make inquiry into the surroundings,\nconditions and capacities of the child and into the financial abilities\nand responsibilities of both parents and for other proper cause\nincluding a referral of issues required to be determined by a judge. If\nthe support magistrate so adjourns the hearing, the support magistrate\nshall make a temporary order of support, pending a final determination,\nand may require the respondent to give an undertaking to appear or in\ndefault thereof may, subject to the provisions in section four hundred\nthirty-nine of this act and confirmation by a judge, commit him or her\nuntil the hearing resumes. The support magistrate shall enter an order\nof support on default if the respondent fails to answer or appear after\nhaving been properly served.\n (c) Reports prepared by the probation service for use by the court at\nany time prior to the making of an order of disposition shall be deemed\nconfidential information furnished to the court which the court in a\nproper case may, in its discretion, withhold from or disclose in whole\nor in part to the support magistrate, child's attorney, counsel, party\nin interest, or other appropriate person. Such reports may not be made\navailable to the court prior to a determination that the respondent is\nliable under this article for the support of the petitioner.\n