Objections to Support Orders
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. Pursuant to FCA 439(e) 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?
Contact us online or at (631) 864-2600.
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.