New York S 245: Authorizes expedited settlement conference processes for establishing child support orders

Bill Text

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S00245 Summary:

BILL NOS00245 

&nbsp

SAME ASSAME AS A03531

&nbsp

SPONSORPERSAUD

&nbsp

COSPNSRHOYLMAN-SIGAL, KRUEGER

&nbsp

MLTSPNSR

&nbsp

Amd §439-a, Fam Ct Act

&nbsp

Authorizes expedited settlement conference processes for establishing child support orders where both parties voluntarily agree on the process.

Go to top S00245 Actions:

BILL NOS00245 

&nbsp

01/08/2025REFERRED TO JUDICIARY

01/07/2026REFERRED TO JUDICIARY

Go to topS00245 Committee&nbspVotes:

Go to topS00245 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS00245 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 245

 2025-2026 Regular Sessions

 IN SENATE

 (Prefiled)

 January 8, 2025
 ___________

 Introduced by Sens. PERSAUD, HOYLMAN-SIGAL, KRUEGER -- read twice and
 ordered printed, and when printed to be committed 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:

 1 Section 1. Subdivisions (c) and (d) of section 439-a of the family
 2 court act are relettered (d) and (e) and a new subdivision (c) is added
 3 to read as follows:
 4 (c) (i) Purpose. To authorize the development of expedited settlement
 5 conference processes in each family court to facilitate the establish-
 6 ment of child support orders pursuant to section four hundred thirteen
 7 of this article consistent with the state's child support guidelines for
 8 parents who agree on child support and seek to voluntarily engage in a
 9 settlement conference, expedited settlement conferences shall be author-
 10 ized and developed pursuant to this section. Such expedited settlement
 11 conferences are not for the purpose of parents' negotiation or mediation
 12 of disputes concerning income or issues related to the determination of
 13 child support. Further, such expedited settlement conferences are not
 14 for use in actions brought by public welfare officials for support
 15 pursuant to subdivision one of section one hundred two of the social
 16 services law. The court administration shall promulgate or amend forms
 17 as necessary to implement the terms of this section.
 18 (ii) Initiating the expedited settlement conference. (A) An expedited
 19 settlement conference may be initiated:
 20 (1) by a petitioner selecting the option for a conference on the peti-
 21 tion, with no objection by the respondent.
 22 (2) by referral from a family court.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00853-01-5

 S. 245 2

 1 (B) Parties seeking to engage in an expedited settlement conference
 2 shall apply for child support services pursuant to title IV-d of the
 3 federal social security act, either by indication on the petition for
 4 support or on the stipulation for child support.
 5 (C) The following cases shall be excluded from an expedited settlement
 6 conference process:
 7 (1) Cases that involve minor parents who are unrepresented by legal
 8 counsel.
 9 (2) Cases that require a determination of parentage.
 10 (3) Cases between parties who are also parties to a temporary or final
 11 order of protection issued by any court of competent jurisdiction.
 12 (4) Cases that involve spousal support in addition to child support.
 13 (iii) Exchange of financial affidavits and supporting documentation.
 14 The parties shall exchange financial affidavits and supporting documen-
 15 tation in accordance with section four hundred twenty-four-a of this
 16 article, unless the parties expressly waive all or further financial
 17 disclosure.
 18 (iv) Conduct of the conference. (A) At the outset of the expedited
 19 settlement conference, the parties shall be informed as to how the
 20 conference will proceed. Such notice shall include, but not be limited
 21 to:
 22 (1) that the parties have a right to consult with or retain an attor-
 23 ney prior to reaching agreement;
 24 (2) that participation in the conference is voluntary and that, at any
 25 time during the conference, either party can indicate that they choose
 26 to discontinue the