N.Y. Comp. Codes R. & Regs. tit. 22 § 205.43

Current through Register Vol. 46, No. 45, November 2, 2024

Section 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.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 205.43