Family Court

Objections to Support Orders

Family Court Act Section 439(e)

Objections to Magistrate's Support Order

Objections to Support Magistrate Support Orders in Suffolk and Nassau County, New York

By J. Douglas Barics
Family Court Attorney

Successful Family Court Objections Starts with an Experienced Family Law Attorney.

A support order from a Family Court Support Magistrate cannot be appealed directly. The first step is to file objections to that order, and have it reviewed by a Family Court judge.

The party opposing the order must file objections within 30 days or the right to have a judge review them is waived, as well as the right to appeal.

To properly make objections, written objections are required. They must be served upon the other side, and the objections along with proof of service filed with the clerk of the Family Court.

For the Second Department, the time to file objections is strictly enforced. For other Departments, the timeline is viewed as being more flexible.

Objections to a Support Order is a critical step in preserving the rights to having the order appealed.

Do you need representation for filing objections to a Support Magistrate's order of support?

Objecting to Family Court Support Orders of Support Magistrates

What you need to know about Objections

Can Objections be Filed to Any Order of Support?

No, only final orders of support can have objections. Non final orders can have objections under limited circumstances.

What Are the Outcomes of an Order Deciding Objections?

Dismissed. A dismissal of the objections usually results from a procedural error or missing the filing deadline.
Granted. The objections are granted in part or in whole, and a new order is issued.
Denied. The objections are denied.
Remanded. The objections are granted, and the matter is remanded back to the Support Magistrate for a new hearing on the issues directed by the Judge.

How Long Do I Have to File Objections?

Objections must be filed within 30 days after receiving the support order. If they were mailed, it is 35 days after the date of mailing.

What Happens if I Miss the Date to File Objections?

The Objections will be rejected if they do not meet the 30 day deadline.

Are There Any Other Documents that Must be Filed With the Objections?

The objections must first be served on the other side and proof of service must be included when filing the objections. If there is no proof of service, the objections will be denied.

Can I Get Extra Time to File Objections?

The rules are different for extensions of time based on the judicial department. The Second Department has determined the 30 days is strict and cannot be extended. The First, Third and Fourth Department has determined that extensions of time can be granted.

How Detailed to the Objections Need to Be?

Objections must be specific and state exactly what is being objected to. A general objection is not sufficient.

If I Don't File Objections Can I Still Appeal?

No. The right to appeal is waived if objections are not filed.

Contact Our Family Court Attorney Today

At the Law Office of J. Douglas Barics, we have the skills and knowledge to handle any objection, no matter how challenging or complex. With over 25 years of Family Court experience, we can bring to you the services of a large firm at a fraction of the cost. When you need a skilled family Court lawyer located in Suffolk County, call The Law Office of J. Douglas Barics.

For a free phone case consultation or to schedule an office meeting, call 631-864-2600.

Family Court Overview

Established in 1962, Family Court is authorized by statute to hear specific types of cases. It is a court of limited jurisdiction, with its authority expressly created by the Family Court Act.

Juvenile Delinquency

Juvenile Delinquency matters are governed by Article 3 of the Family Court Act. Juveniles who are accused of acts which would constitute a crime if they were adults are handled in Family Court.

Child Support

Child support is authorized under Article 4, with section 413 governing child support. This provision mirrors the Domestic Relations Law 240(1-b), which is used in Supreme Court.

Spousal Support

Spousal support is authorized under Family Court Article 4, with section 412 governing. Any award of support from Family Court will be non durational and last until modified or terminated by a later court order.

Enforcement

Enforcement of support awards is authorized under Article 4 of the Family Court Act. It offers a variety of enforcement mechanisms including incarceration for up to six months.

Paternity

Paternity proceedings is authorized under Article 5 of the Family Court Act. If paternity is not established at the birth of a child, the Family Court can issue an order declaring the father of the child.

Custody

Custody proceedings are governed by Article 6 of the Family Court Act. Initial custody determinations are made on the best interests of the child, with neither parent having a presumptive right to custody.

Modification of Custody

Custody modification proceedings are governed by Article 6 of the Family Court Act. A modification requires both a change in circumstances and showing the modification is in the child's best interests.

Relocation

A request by the custodial parent for a significant move is governed by Article 6 of the Family Court Act. Relocation will be determined on the best interests of the child.

PINS Proceedings

Article 7 of the Family Court Act authorizes a parent to file a proceeding against their children, alleging they are a Person In Need of Supervision (PINS).

Family Offense

Family Court Act Article 8 authorizes a family member, as defined by the statute, to seek an order of protection against a family member or someone they have a close relationship with.

Conciliation

Article 9 of the Family Court Act allows married people to file a petition, requesting that Family Court provide services to assist them with their marriage.

Child Neglect and Abuse

Article 10 of the Family Court Act allows authorized agencies to commence child neglect or abuses cases in Family Court.

Termination of Parental Rights

An authorized agency may commence a petition under Family Court Act Article 10 and Social Services Law 384b to terminate the parental rights against parents whose children are in foster care.

Objections to Support Order

A party may file objections to a support magistrate's support order and have it reviewed by a judge. An appeal may only be taken from a judge's order deciding objections.

Family Court Appeals

Appeals from Family Court are governed by a different set of rules than most other appeals.