New York S 8176: Relates to the time-limit for appeals in all categories of family court cases

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S08176 Summary:

BILL NOS08176 

&nbsp

SAME ASSAME AS A08298

&nbsp

SPONSORPERSAUD

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Amd §§439 & 1113, Fam Ct Act

&nbsp

Relates to the time limit for appeals in all categories of family court cases and the filing of objections to support magistrate determinations in child support, paternity and parentage proceedings in family court.

Go to top S08176 Actions:

BILL NOS08176 

&nbsp

05/19/2025REFERRED TO JUDICIARY

05/28/20251ST REPORT CAL.1424

05/29/20252ND REPORT CAL.

06/04/2025ADVANCED TO THIRD READING 

06/10/2025SUBSTITUTED BY A8298

&nbspA08298 AMEND= Carroll P

&nbsp05/12/2025referred to judiciary

&nbsp05/20/2025reported referred to rules

&nbsp05/27/2025reported 

&nbsp05/27/2025rules report cal.277

&nbsp05/27/2025ordered to third reading rules cal.277

&nbsp05/27/2025passed assembly

&nbsp05/27/2025delivered to senate

&nbsp05/27/2025REFERRED TO JUDICIARY

&nbsp06/10/2025SUBSTITUTED FOR S8176

&nbsp06/10/20253RD READING CAL.1424

&nbsp06/10/2025PASSED SENATE

&nbsp06/10/2025RETURNED TO ASSEMBLY

&nbsp11/17/2025delivered to governor

&nbsp11/21/2025signed chap.534

Go to topS08176 Committee&nbspVotes:

Go to topS08176 Floor&nbspVotes:

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

Go to topS08176 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 8176

 2025-2026 Regular Sessions

 IN SENATE

 May 19, 2025
 ___________

 Introduced by Sen. PERSAUD -- (at request of the Unified Court System)
 -- 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 the time limit for
 appeals in all categories of family court cases and for the filing of
 objections to support magistrate determinations in child support,
 paternity and parentage proceedings in family court

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Subdivision (e) of section 439 of the family court act, as
 2 amended by chapter 336 of the laws of 2004, is amended to read as
 3 follows:
 4 (e) The determination of a support magistrate shall include findings
 5 of fact and, except with respect to a determination of a willful
 6 violation of an order under subdivision three of section four hundred
 7 fifty-four of this article where commitment is recommended as provided
 8 in subdivision (a) of this section, a final order which shall be entered
 9 and transmitted to the parties. Specific written objections to a final
 10 order of a support magistrate may be filed by either party with the
 11 court within thirty days after receipt of the order in court or by
 12 personal service, or, if the objecting party or parties did not receive
 13 the order in court or by personal service, thirty-five days after mail-
 14 ing or electronic transmission of the order to such party or parties. A
 15 party filing objections shall [serve] arrange for the service by a non-
 16 party over the age of eighteen of a copy of such objections upon the
 17 opposing party, who shall have thirteen days from such service to [serve
 18 and] file a written rebuttal to such objections, which shall be served
 19 by a non-party over the age of eighteen upon the other party. Proof of
 20 service upon the opposing party shall be filed with the court at the
 21 time of filing of objections and any rebuttal. Within [fifteen] thirty-
 22 five days after the [rebuttal] objection is filed, [or the time to file

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD08846-01-5

 S. 8176 2

 1 such rebuttal has expired, whichever is applicable,] the judge, based
 2 upon a review of the objections and the rebuttal, if any, shall (i)
 3 remand one or more issues of fact to the support magistrate, (ii) make,
 4 with or without holding a new hearing, [his or her] the judge's own
 5 findings of fact and order, or (iii) deny the objections. Pending review
 6 of the objections and the rebuttal, if any, the order of the support
 7 magistrate shall be in full force and effect and no stay of such order
 8 shall be granted. In the event a new order is issued, payments made by
 9