N.Y. Comp. Codes R. & Regs. Tit. 22 § 205.43 - Hearings to determine willful nonpayment of child support
(a) A petition that alleges a
willful violation or seeks enforcement of an order of support shall be
scheduled as soon as possible for a first appearance date in Family Court but
in no event more than 30 days of the filing of the violation or enforcement
petition.
(b) After
service is made, the judge or support magistrate must commence a hearing to
determine a willful violation within 30 days of the date noticed in the
summons. The hearing must be concluded within 60 days of its
commencement.
(c)
Neither party shall be permitted more than one adjournment to secure counsel,
except for good cause shown.
(d) On the scheduled hearing date on the
issue of willfulness, the hearing may not be adjourned except for the following
reasons:
(1) actual engagement of
counsel pursuant to Part 125 of this Title;
(2) illness of a party; or
(3) other good cause shown.
No adjournment shall be in excess of 14 days.
(e) If a willfulness hearing has
commenced and must be continued, the adjourned date shall be within seven court
days.
(f) Upon the
conclusion of a willfulness hearing in a case heard by a support magistrate,
the support magistrate shall issue written findings of fact within five court
days.
(g) In a case
heard by a support magistrate, if the support magistrate makes a finding of
willfulness, the written findings shall include the following:
(1) the specific facts upon
which the finding of willfulness is based;
(2) the specific amount of arrears
established and a money judgment for such amount. An award of attorney's fees
may be issued with the findings or at a later date after the case is heard by
the Family Court judge;
(3) a recommendation regarding the
sanctions that should be imposed, including a recommendation whether the
sanction of incarceration is recommended; and
(4) a recommendation, as appropriate,
regarding a specific dollar amount to be paid or a specific plan to repay the
arrears.
(h) In a case heard by a support
magistrate, if counsel is assigned, the assignment shall continue through the
confirmation proceeding before the Family Court judge without further order of
the court.
(i) In a
case heard by a support magistrate, a Family Court judge may confirm the
findings of the support magistrate by adopting his or her findings and
recommendations in whole or in part. Alternatively, the Family Court judge may
modify or refuse to confirm the findings and recommendations and may refer the
matter back to the support magistrate for further proceedings. The court may,
if necessary, conduct an evidentiary hearing.
Notes
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