§ 439 — Support magistrates

New York § 439

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

Text

§ 439. Support magistrates. * (a) The chief administrator of the\ncourts shall provide, in accordance with subdivision (f) of this\nsection, for the appointment of a sufficient number of support\nmagistrates to hear and determine support proceedings. Except as\nhereinafter provided, support magistrates shall be empowered to hear,\ndetermine and grant any relief within the powers of the court in any\nproceeding under this article, articles five, five-A, five-B and five-C\nand sections two hundred thirty-four and two hundred thirty-five of this\nact, and objections raised pursuant to section five thousand two hundred\nforty-one of the civil practice law and rules. Support magistrates shall\nnot be empowered to hear, determine and grant any relief with respect to\nissues specified in section four hundred fifty-five of this article,\nissues of contested parentage involving claims of equitable estoppel,\ncustody, visitation including visitation as a defense, determinations of\nparentage made pursuant to section 581-407 of this act, and orders of\nprotection or exclusive possession of the home, which shall be referred\nto a judge as provided in subdivision (b) or (c) of this section. Where\nan order of filiation is issued by a judge in a paternity proceeding and\nchild support is in issue, the judge, or support magistrate upon\nreferral from the judge, shall be authorized to immediately make a\ntemporary or final order of support, as applicable. A support magistrate\nshall have the authority to hear and decide motions and issue summonses\nand subpoenas to produce persons pursuant to section one hundred\nfifty-three of this act, hear and decide proceedings and issue any order\nauthorized by subdivision (g) of section five thousand two hundred\nforty-one of the civil practice law and rules, issue subpoenas to\nproduce prisoners pursuant to section two thousand three hundred two of\nthe civil practice law and rules and make a determination that any\nperson before the support magistrate is in violation of an order of the\ncourt as authorized by section one hundred fifty-six of this act subject\nto confirmation by a judge of the court who shall impose any punishment\nfor such violation as provided by law. A determination by a support\nmagistrate that a person is in willful violation of an order under\nsubdivision three of section four hundred fifty-four of this article and\nthat recommends commitment shall be transmitted to the parties,\naccompanied by findings of fact, but the determination shall have no\nforce and effect until confirmed by a judge of the court.\n * NB Effective until August 31, 2027\n * (a) The chief administrator of the courts shall provide, in\naccordance with subdivision (f) of this section, for the appointment of\na sufficient number of support magistrates to hear and determine support\nproceedings. Except as hereinafter provided, support magistrates shall\nbe empowered to hear, determine and grant any relief within the powers\nof the court in any proceeding under this article, articles five,\nfive-A, and five-B and sections two hundred thirty-four and two hundred\nthirty-five of this act, and objections raised pursuant to section five\nthousand two hundred forty-one of the civil practice law and rules.\nSupport magistrates shall not be empowered to hear, determine and grant\nany relief with respect to issues specified in section four hundred\nfifty-five of this article, issues of contested paternity involving\nclaims of equitable estoppel, custody, visitation including visitation\nas a defense, and orders of protection or exclusive possession of the\nhome, which shall be referred to a judge as provided in subdivision (b)\nor (c) of this section. Where an order of filiation is issued by a judge\nin a paternity proceeding and child support is in issue, the judge, or\nsupport magistrate upon referral from the judge, shall be authorized to\nimmediately make a temporary or final order of support, as applicable. A\nsupport magistrate shall have the authority to hear and decide motions\nand issue summonses and subpoenas to produce persons pursuant to section\none hundred fifty-three of this act, hear and decide proceedings and\nissue any order authorized by subdivision (g) of section five thousand\ntwo hundred forty-one of the civil practice law and rules, issue\nsubpoenas to produce prisoners pursuant to section two thousand three\nhundred two of the civil practice law and rules and make a determination\nthat any person before the support magistrate is in violation of an\norder of the court as authorized by section one hundred fifty-six of\nthis act subject to confirmation by a judge of the court who shall\nimpose any punishment for such violation as provided by law. A\ndetermination by a support magistrate that a person is in willful\nviolation of an order under subdivision three of section four hundred\nfifty-four of this article and that recommends commitment shall be\ntransmitted to the parties, accompanied by findings of fact, but the\ndetermination shall have no force and effect until confirmed by a judge\nof the court.\n * NB Effective August 31, 2027\n (b) In any proceeding to establish paternity which is heard by a\nsupport magistrate, the support magistrate shall advise the mother and\nputative father of the right to be represented by counsel and shall\nadvise the mother and putative father of their right to blood grouping\nor other genetic marker or DNA tests in accordance with section five\nhundred thirty-two of this act. The support magistrate shall order that\nsuch tests be conducted in accordance with section five hundred\nthirty-two of this act. The support magistrate shall be empowered to\nhear and determine all matters related to the proceeding including the\nmaking of an order of filiation pursuant to section five hundred\nforty-two of this act and an application to change the name of the child\npursuant to section sixty of the civil rights law, provided, however,\nthat where the respondent denies paternity and paternity is contested on\nthe grounds of equitable estoppel, the support magistrate shall not be\nempowered to determine the issue of paternity, but shall transfer the\nproceeding to a judge of the court for a determination of the issue of\npaternity. Where an order of filiation is issued by a judge in a\npaternity proceeding and child support is in issue, the judge, or\nsupport magistrate upon referral from the judge, shall be authorized to\nimmediately make a temporary or final order of support, as applicable.\nWhenever an order of filiation is made by a support magistrate, the\nsupport magistrate also shall make a final or temporary order of\nsupport.\n (c) The support magistrate, in any proceeding in which issues\nspecified in section four hundred fifty-five of this act, or issues of\ncustody, visitation, including visitation as a defense, orders of\nprotection or exclusive possession of the home are present or in which\npaternity is contested on the grounds of equitable estoppel, shall make\na temporary order of support and refer the proceeding to a judge. Upon\ndetermination of such issue by a judge, the judge may make a final\ndetermination of the issue of support, or immediately refer the\nproceeding to a support magistrate for further proceedings regarding\nchild support or other matters within the authority of the support\nmagistrate.\n (d) Rules of evidence shall be applicable in proceedings before a\nsupport magistrate. A support magistrate shall have the power to issue\nsubpoenas, to administer oaths and to direct the parties to engage in\nand permit such disclosure as will expedite the disposition of issues.\nThe assignment of proceedings and matters to support magistrates, the\nconduct of the trial before a support magistrate, the contents and\nfiling of a support magistrate's findings of fact and decision and all\nmatters incidental to proceedings before support magistrates shall be in\naccordance with rules provided for by the chief administrator of the\ncourts. Proceedings held before a support magistrate may be recorded\nmechanically as provided by the chief administrator of the courts. A\ntranscript of such proceeding may be made available in accordance with\nthe rules of the chief administrator of the courts.\n * (e) The determination of a support magistrate shall include findings\nof fact and, except with respect to a determination of a willful\nviolation of an order under subdivision three of section four hundred\nfifty-four of this article where commitment is recommended as provided\nin subdivision (a) of this section, a final order which shall be entered\nand transmitted to the parties. Specific written objections to a final\norder of a support magistrate may be filed by either party with the\ncourt within thirty days after receipt of the order in court or by\npersonal service, or, if the objecting party or parties did not receive\nthe order in court or by personal service, thirty-five days after\nmailing of the order to such party or parties. A party filing objections\nshall serve a copy of such objections upon the opposing party, who shall\nhave thirteen days from such service to serve and file a written\nrebuttal to such objections. Proof of service upon the opposing party\nshall be filed with the court at the time of filing of objections and\nany rebuttal. Within fifteen days after the rebuttal is filed, or the\ntime to file such rebuttal has expired, whichever is applicable, the\njudge, based upon a review of the objections and the rebuttal, if any,\nshall (i) remand one or more issues of fact to the support magistrate,\n(ii) make, with or without holding a new hearing, his or her own\nfindings of fact and order, or (iii) deny the objections. Pending review\nof the objections and the rebuttal, if any, the order of the support\nmagistrate shall be in full force and effect and no stay of such order\nshall be granted. In the event a new order is issued, payments made by\nthe respondent in excess of the new order shall be applied as a credit\nto future support obligations. The final order of a support magistrate,\nafter objections and the rebuttal, if any, have been reviewed by a\njudge, may be appealed pursuant to article eleven of this act.\n * NB Effective until March 21, 2026\n * (e) The determination of a support magistrate shall include findings\nof fact and, except with respect to a determination of a willful\nviolation of an order under subdivision three of section four hundred\nfifty-four of this article where commitment is recommended as provided\nin subdivision (a) of this section, a final order which shall be entered\nand transmitted to the parties. Specific written objections to a final\norder of a support magistrate may be filed by either party with the\ncourt within thirty days after receipt of the order in court or by\npersonal service, or, if the objecting party or parties did not receive\nthe order in court or by personal service, thirty-five days after\nmailing or electronic transmission of the order to such party or\nparties. A party filing objections shall arrange for the service by a\nnon-party over the age of eighteen of a copy of such objections upon the\nopposing party, who shall have thirteen days from such service to file a\nwritten rebuttal to such objections, which shall be served by a\nnon-party over the age of eighteen upon the other party. Proof of\nservice upon the opposing party shall be filed with the court at the\ntime of filing of objections and any rebuttal. Within thirty-five days\nafter the objection is filed, the judge, based upon a review of the\nobjections and the rebuttal, if any, shall (i) remand one or more issues\nof fact to the support magistrate, (ii) make, with or without holding a\nnew hearing, the judge's own findings of fact and order, or (iii) deny\nthe objections. Pending review of the objections and the rebuttal, if\nany, the order of the support magistrate shall be in full force and\neffect and no stay of such order shall be granted. In the event a new\norder is issued, payments made by the respondent in excess of the new\norder shall be applied as a credit to future support obligations. The\nfinal order of a support magistrate, after objections and the rebuttal,\nif any, have been reviewed by a judge, may be appealed pursuant to\narticle eleven of this act.\n * NB Effective March 21, 2026\n (f) The chief administrator shall promulgate written rules for the\nselection, appointment, reappointment, compensation and training of\nsupport magistrates, who shall be attorneys admitted to the practice of\nlaw in this state for at least three years and who shall be\nknowledgeable with respect to the family court and federal and state\nsupport law and programs. Support magistrates shall be appointed on a\nfull-time basis for a term of three years and may be reappointed for\nsubsequent terms which shall be five years in length, except that the\nrules promulgated hereunder may permit the appointment of an acting\nsupport magistrate to serve during a support magistrate's authorized\nleave of absence. Where it is determined that the employment of a\nfull-time support magistrate is not required, one or more counties may\nagree to share the services of a full-time support magistrate or a\nsupport magistrate may be appointed to serve within one or more counties\non a part-time basis.\n