Bill Text: NY S05423 | 2015-2016 | General Assembly | Introduced
Bill Title: Relates to administrative procedures for establishing support orders.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-03-15 - REPORTED AND COMMITTED TO FINANCE [S05423 Detail]
Download: New_York-2015-S05423-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 5423 2015-2016 Regular Sessions I N S E N A T E May 14, 2015 ___________ Introduced by Sen. FELDER -- (at request of the Office of Temporary and Disability Assistance) -- read twice and ordered printed, and when printed to be committed to the Committee on Social Services AN ACT to amend the social services law and the family court act, in relation to administrative procedures for establishing support orders; and providing for the repeal of such provisions upon expiration there- of THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Paragraph g of subdivision 2 of section 111-c of the social 2 services law, as added by chapter 809 of the laws of 1985, is amended to 3 read as follows: 4 g. obtain from respondent, when appropriate and in accordance with the 5 procedures established by section one hundred eleven-k AND SECTION ONE 6 HUNDRED ELEVEN-L of this [chapter] TITLE, an [acknowledgement] ACKNOWL- 7 EDGMENT of paternity or an agreement to make support payments, or both; 8 S 2. The opening paragraph and paragraph (b) of subdivision 1 of 9 section 111-k of the social services law, the opening paragraph as 10 amended by chapter 398 of the laws of 1997 and paragraph (b) as amended 11 by chapter 214 of the laws of 1998, is amended to read as follows: 12 A social services official or his or her designated representative who 13 confers with a potential respondent or respondent, hereinafter referred 14 to in this section as the "respondent,"[,] the mother of a child born 15 out of wedlock and any other interested persons, pursuant to section one 16 hundred eleven-c of this title, may obtain: 17 (b) an agreement to make support payments as provided in SUBDIVISION 18 (A) OF section four hundred twenty-five of the family court act. Prior 19 to the execution of such agreement, the respondent shall be advised, 20 orally, which may be through the use of audio or video equipment, and in 21 writing, of the consequences of such agreement, that the respondent can 22 be held liable for support only if the family court, after a hearing, EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09631-01-5 S. 5423 2 1 makes an order of support; that respondent has a right to consult with 2 an attorney and that the agreement will be submitted to the family court 3 for approval pursuant to SUBDIVISION (A) OF section four hundred twen- 4 ty-five of the family court act; and that by executing the agreement, 5 the respondent waives any right to a hearing regarding any matter 6 contained in such agreement. 7 S 3. The social services law is amended by adding a new section 111-l 8 to read as follows: 9 S 111-L. CHILD SUPPORT ORDER ESTABLISHMENT CONFERENCE PILOT PROCESS. 10 1. PURPOSE. TO AUTHORIZE THE DEVELOPMENT OF A THREE-YEAR PILOT PROJECT 11 ALLOWING SOCIAL SERVICES DISTRICTS TO TAKE EXPEDITED ADMINISTRATIVE 12 ACTIONS TO FACILITATE THE ESTABLISHMENT OF CHILD SUPPORT ORDERS CONSIST- 13 ENT WITH THE STATE'S CHILD SUPPORT GUIDELINES. 14 2. INITIATING ADMINISTRATIVE ACTIONS. (A) A CHILD SUPPORT ORDER, 15 EITHER AGREED OR NON-AGREED, ISSUED UNDER THIS SECTION AND CONFIRMED BY 16 A COURT PURSUANT TO SUBDIVISION (B) OF SECTION FOUR HUNDRED TWENTY-FIVE 17 OF THE FAMILY COURT ACT CONSTITUTES AN ORDER OF THE COURT AND IS 18 ENFORCEABLE BY ANY MEANS AVAILABLE FOR THE ENFORCEMENT OF CHILD SUPPORT 19 OBLIGATIONS UNDER THIS TITLE, ARTICLES FOUR AND FIVE-B OF THE FAMILY 20 COURT ACT, OR UNDER ARTICLE FIFTY-TWO OF THE CIVIL PRACTICE LAW AND 21 RULES, AND ANY OTHER APPLICABLE PROVISIONS OF LAW. 22 (B) AN ADMINISTRATIVE ACTION UNDER THIS SECTION MAY BE INITIATED BY 23 SERVING A NOTICE TO ESTABLISH A CHILD SUPPORT ORDER BY CONFERENCE TO 24 EACH PARTY ENTITLED TO NOTICE. 25 (C) CASES THAT INVOLVE MINOR PARENTS, REQUIRE A DETERMINATION OF 26 PATERNITY, OR HAVE VERIFIED FAMILY VIOLENCE INDICATORS WILL BE EXCLUDED 27 FROM AN ADMINISTRATIVE ACTION UNDER THIS SECTION. 28 3. CONTENTS OF NOTICE TO ESTABLISH A CHILD SUPPORT ORDER BY CONFER- 29 ENCE. THE NOTICE TO ESTABLISH A CHILD SUPPORT ORDER BY CONFERENCE 30 ISSUED BY THE SOCIAL SERVICES OFFICIAL MUST: 31 (A) DESCRIBE THE PROCEDURE FOR THE CONFERENCE; 32 (B) INFORM THE PARTY THAT THE PARTY MAY BE REPRESENTED BY LEGAL COUN- 33 SEL DURING THE CONFERENCE OR AT A COURT HEARING; 34 (C) INFORM THE PARTY THAT THE PARTY MAY REFUSE TO PARTICIPATE OR CEASE 35 PARTICIPATION IN THE CONFERENCE, BUT THAT THE REFUSAL BY THE PARTY TO 36 PARTICIPATE WILL NOT PREVENT THE COMPLETION OF THE CONFERENCE OR THE 37 FILING OF A NON-AGREED PROPOSED ORDER WITH THE COURT PURSUANT TO SUBDI- 38 VISION FOURTEEN OF THIS SECTION; 39 (D) INFORM THE PARTY THAT AN AFFIDAVIT IN SUPPORT OF THE CONFERENCE 40 PROCESS PROMULGATED BY THE COMMISSIONER AND SENT WITH THE NOTICE SHALL 41 BE EXECUTED BY THE PARTY AND RETURNED TO THE SOCIAL SERVICES OFFICIAL 42 ALONG WITH ANY DOCUMENTATION OR INFORMATION IN SUPPORT OF THE AFFIDAVIT 43 NOT LATER THAN THE FIFTEENTH DAY AFTER THE DATE THE NOTICE IS SERVED; 44 (E) INFORM THE PARTY THAT IF THE REQUESTED AFFIDAVIT IS NOT RETURNED 45 AS REQUIRED, THE AGENCY MAY: 46 (I) PROCEED WITH THE CONFERENCE PROCESS USING THE INFORMATION PROVIDED 47 BY THE PARTIES OR OTHERWISE OBTAINED OR AVAILABLE TO THE AGENCY; OR 48 (II) FILE A PETITION WITH THE COURT FOR CHILD SUPPORT; AND 49 (F) DIRECT THE PARTY TO CONTACT THE SOCIAL SERVICES DISTRICT IF THE 50 PARTY BELIEVES THAT PURSUING CHILD SUPPORT WOULD EXPOSE THE PARTY OR THE 51 CHILD TO PHYSICAL OR EMOTIONAL HARM. 52 4. SERVICE OF NOTICE. ANY NOTICE OR ORDER REQUIRED TO BE SERVED UNDER 53 THIS SECTION MAY BE DELIVERED BY PERSONAL SERVICE OF FIRST CLASS MAIL ON 54 EACH PARTY ENTITLED TO NOTICE AS PROVIDED UNDER ARTICLE FOUR OF THE 55 FAMILY COURT ACT. S. 5423 3 1 5. ISSUANCE OF ADMINISTRATIVE SUBPOENA. AS PART OF THE CONFERENCE 2 PROCESS UNDER THIS SECTION, THE SOCIAL SERVICES DISTRICT MAY ISSUE 3 ADMINISTRATIVE SUBPOENAS AS AUTHORIZED UNDER SECTION ONE HUNDRED 4 ELEVEN-P OF THIS TITLE. 5 6. NOTICE OF CONFERENCE. (A) THE SOCIAL SERVICES DISTRICT SHALL NOTIFY 6 ALL PARTIES ENTITLED TO NOTICE OF THE CONFERENCE OF THE DATE, TIME, AND 7 PLACE OF THE CONFERENCE, SUCH CONFERENCE SHALL BE SCHEDULED NO LATER 8 THAN THE THIRTIETH DAY AFTER THE DATE OF THE NOTICE. 9 (B) IF A PARTY FAILS TO ATTEND THE SCHEDULED CONFERENCE THE SOCIAL 10 SERVICES DISTRICT MAY PROCEED WITH THE CONFERENCE AND FILE A NON-AGREED 11 PROPOSED ORDER BASED UPON THE INFORMATION AVAILABLE TO THE DISTRICT. 12 (C) THE SOCIAL SERVICES DISTRICT MAY RESCHEDULE A CONFERENCE ON THE 13 REASONABLE REQUEST OF ANY PARTY. THE SOCIAL SERVICES DISTRICT SHALL GIVE 14 ALL PARTIES NOTICE OF A RESCHEDULED CONFERENCE NOT LATER THAN THE THIRD 15 DAY BEFORE THE DATE OF THE RESCHEDULED CONFERENCE. 16 7. INFORMATION REQUIRED TO BE PROVIDED BY THE SOCIAL SERVICES OFFICIAL 17 AT THE CONFERENCE. AT THE BEGINNING OF THE CONFERENCE, THE SOCIAL 18 SERVICES DISTRICT SHALL REVIEW WITH THE PARTIES PARTICIPATING IN THE 19 CONFERENCE THE INFORMATION PROVIDED IN THE NOTICE TO ESTABLISH A CHILD 20 SUPPORT ORDER BY CONFERENCE AND INFORM THE PARTIES THAT: 21 (A) THE PURPOSE OF THE CONFERENCE IS TO PROVIDE AN OPPORTUNITY TO 22 REACH AN AGREEMENT ON A CHILD SUPPORT ORDER UNDER THE CHILD SUPPORT 23 GUIDELINES AND THAT THE BASIC CHILD SUPPORT OBLIGATION CALCULATED PURSU- 24 ANT TO THE GUIDELINES WOULD PRESUMPTIVELY RESULT IN THE CORRECT AMOUNT 25 OF CHILD SUPPORT TO BE AWARDED. THE PARTIES SHALL BE PROVIDED WITH A 26 COPY OF THE CHILD SUPPORT STANDARDS CHART PROMULGATED BY THE COMMISSION- 27 ER PURSUANT TO SECTION ONE HUNDRED ELEVEN-I OF THIS TITLE AND A COPY OF 28 THE CHILD SUPPORT GUIDELINES WORKSHEET PROMULGATED BY THE COMMISSIONER 29 IN CONSULTATION WITH THE OFFICE OF COURT ADMINISTRATION; 30 (B) IF THE PARTIES REACH AN AGREEMENT, THE SOCIAL SERVICES DISTRICT 31 WILL PREPARE AN AGREED PROPOSED ORDER TO BE PRESENTED TO THE COURT FOR 32 CONFIRMATION PURSUANT TO SUBDIVISION (B) OF SECTION FOUR HUNDRED TWEN- 33 TY-FIVE OF THE FAMILY COURT ACT; 34 (C) A PARTY DOES NOT HAVE TO SIGN THE ORDER PREPARED BY THE SOCIAL 35 SERVICES DISTRICT; HOWEVER, THE SOCIAL SERVICES DISTRICT MAY FILE A 36 NON-AGREED PROPOSED ORDER WITH THE COURT WITHOUT THE AGREEMENT OF THE 37 PARTIES AND THE PARTIES SHALL BE LIABLE FOR SUPPORT ONLY UPON CONFIRMA- 38 TION OF THE ORDER BY THE FAMILY COURT PURSUANT TO SUBDIVISION (B) OF 39 SECTION FOUR HUNDRED TWENTY-FIVE OF THE FAMILY COURT ACT OR, IF A PARTY 40 REQUESTS A HEARING AND SUCH HEARING IS HELD, THE COURT MAKES AN ORDER OF 41 SUPPORT; 42 (D) THE PARTIES WHO REACH AN AGREEMENT SHALL SIGN A WAIVER OF THE 43 RIGHT TO SERVICE OF PROCESS AND TO A HEARING REGARDING ANY MATTER 44 CONTAINED IN AN AGREEMENT PROPOSED ORDER; AND 45 (E) A PARTY MAY FILE A REQUEST FOR A DE NOVO HEARING ON A NON-AGREED 46 PROPOSED ORDER NO LATER THAN THE TWENTIETH DAY AFTER THE DATE OF A COPY 47 OF THE PETITION FOR CONFIRMATION OF THE ORDER IS SERVED UPON THE PARTY. 48 8. CONDUCT OF THE CONFERENCE. (A) FOR THE PURPOSES OF THIS SECTION, 49 THE SOCIAL SERVICES DISTRICT SHALL REVIEW THE AFFIDAVIT SUBMITTED BY 50 EACH PARTY AND ANY OTHER DOCUMENTATION OR INFORMATION PROVIDED BY THE 51 PARTIES OR OBTAINED PURSUANT TO AUTHORITY GRANTED IN THIS TITLE AND 52 SHALL COMPLETE A CHILD SUPPORT GUIDELINES WORKSHEET TO CALCULATE THE 53 SUPPORT OBLIGATION. 54 (B) THE SOCIAL SERVICES DISTRICT SHALL REVIEW THE CHILD SUPPORT GUIDE- 55 LINES WORKSHEET WITH THE PARTIES AND THE SUPPORT OBLIGATION RESULTING 56 FROM THE CALCULATIONS. S. 5423 4 1 (C) THE SOCIAL SERVICES DISTRICT SHALL PREPARE THE PROPOSED ORDER, 2 EITHER AGREED OR NON-AGREED, OR PREPARE A RECORD OF A DETERMINATION THAT 3 NO ORDER SHOULD BE SUBMITTED TO THE COURT AS SET FORTH IN THIS SECTION. 4 9. RECORD OF PROCEEDINGS. (A) FOR THE PURPOSES OF THIS SECTION, 5 DOCUMENTATION OR INFORMATION RELIED ON BY THE SOCIAL SERVICES DISTRICT, 6 INCLUDING AN AFFIDAVIT OF A PARTY, TOGETHER WITH THE CHILD SUPPORT ORDER 7 IS SUFFICIENT RECORD OF THE PROCEEDINGS. 8 (B) THE SOCIAL SERVICES DISTRICT IS NOT REQUIRED TO MAKE ANY OTHER 9 RECORD OR TRANSCRIPT OF THE CONFERENCE. 10 10. ISSUANCE OF A CHILD SUPPORT ORDER OR FINDING THAT NO ORDER SHOULD 11 BE SUBMITTED; EFFECT. (A) IF A CONFERENCE RESULTS IN AN AGREEMENT OF THE 12 PARTIES, EACH PARTY SHALL SIGN THE CHILD SUPPORT ORDER NO LATER THAN THE 13 FIFTH DAY AFTER THE DATE OF THE CONFERENCE AND THE ORDER SHALL CONTAIN 14 THE INFORMATION SET FORTH IN SUBDIVISION ELEVEN OF THIS SECTION. 15 (B) IF A CONFERENCE DOES NOT RESULT IN AGREEMENT BY ALL PARTIES TO THE 16 CHILD SUPPORT ORDER, THE SOCIAL SERVICES DISTRICT SHALL RENDER A FINAL 17 DECISION NO LATER THAN THE FIFTH DAY AFTER THE DATE OF THE CONFERENCE IN 18 THE FORM OF EITHER A NON-AGREED PROPOSED ORDER OR A DETERMINATION THAT 19 THE AGENCY SHOULD NOT SUBMIT A CHILD SUPPORT ORDER TO THE COURT. 20 (C) IF THE SOCIAL SERVICES DISTRICT DETERMINES THAT A CHILD SUPPORT 21 ORDER SHOULD NOT BE SUBMITTED TO THE COURT, THE AGENCY SHALL IMMEDIATELY 22 PROVIDE EACH PARTY WITH NOTICE OF THE DETERMINATION BY PERSONAL DELIVERY 23 OR BY FIRST CLASS MAIL. A DETERMINATION THAT A CHILD SUPPORT ORDER 24 SHOULD NOT BE SUBMITTED TO THE COURT SHALL INCLUDE A STATEMENT OF THE 25 REASONS THAT AN ORDER IS NOT BEING SUBMITTED AND A STATEMENT THAT THE 26 AGENCY'S DETERMINATION DOES NOT AFFECT THE RIGHT OF THE SOCIAL SERVICES 27 DISTRICT OR A PARTY TO SEEK AN ORDER OF SUPPORT OR TO REQUEST ANY OTHER 28 REMEDY PROVIDED BY LAW. 29 11. CONTENTS OF AN ORDER. (A) AN ORDER ISSUED UNDER THIS SECTION SHALL 30 BE REVIEWED AND SIGNED BY A SOCIAL SERVICES OFFICIAL, OR HIS OR HER 31 DESIGNEE. 32 (B) IF A CONFERENCE RESULTS IN AN AGREEMENT OF THE PARTIES, THE ORDER 33 SHALL CONTAIN THE FOLLOWING AS TO EACH PARTY: 34 (I) A WAIVER BY THE PARTY OF THE RIGHT TO SERVICE OF PROCESS AND A 35 COURT HEARING; 36 (II) THE MAILING ADDRESS OF THE PARTY; AND 37 (III) THE FOLLOWING STATEMENT PRINTED ON THE ORDER IN CONSPICUOUS 38 TYPE: 39 "I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THIS CHILD SUPPORT 40 ORDER. I UNDERSTAND THAT IF I SIGN THIS ORDER, IT WILL BE CONFIRMED BY 41 THE COURT WITHOUT FURTHER NOTICE TO ME. I KNOW THAT IF I DO NOT OBEY THE 42 TERMS OF THIS ORDER I MAY BE HELD IN CONTEMPT OF COURT." 43 12. WITHDRAWAL OF AN ORDER. (A) THE SOCIAL SERVICES DISTRICT MAY WITH- 44 DRAW A PROPOSED ORDER, EITHER AGREED OR NON-AGREED, AT ANY TIME BEFORE 45 THE ORDER IS FILED WITH THE COURT. 46 (B) A NEW CONFERENCE, WITH NOTICE TO ALL PARTIES, MAY BE SCHEDULED OR 47 THE SOCIAL SERVICES DISTRICT MAY MAKE A DETERMINATION THAT A CHILD 48 SUPPORT ORDER SHOULD NOT BE ISSUED AND GIVE NOTICE OF THAT DETERMINATION 49 AS PROVIDED BY THIS SECTION. 50 13. FILING OF AN AGREED PROPOSED ORDER. THE SOCIAL SERVICES DISTRICT 51 SHALL FILE AN AGREED PROPOSED ORDER THAT CONTAINS SIGNED WAIVERS OF 52 SERVICE OF PROCESS AND A RIGHT TO A HEARING WITH THE COURT. 53 14. CONTENTS OF A PETITION FOR CONFIRMATION OF NON-AGREED PROPOSED 54 ORDER. (A) THE SOCIAL SERVICES DISTRICT SHALL FILE A PETITION FOR 55 CONFIRMATION OF A NON-AGREED PROPOSED ORDER. S. 5423 5 1 (B) THE PETITION SHALL INCLUDE THE NON-AGREED PROPOSED ORDER AND THE 2 CHILD SUPPORT WORKSHEET AS ATTACHMENTS, AS WELL AS ANY DOCUMENTATION OR 3 INFORMATION RELIED ON BY THE SOCIAL SERVICES DISTRICT. 4 15. EVALUATION. THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE 5 SHALL CONDUCT AN EVALUATION OF THE OPERATION AND IMPACT OF THE CHILD 6 SUPPORT ORDER ESTABLISHMENT CONFERENCE PILOT PROCESS, AND SHALL SUBMIT 7 TO THE GOVERNOR AND THE LEGISLATURE AN EVALUATION REPORT CONTAINING THE 8 FINDINGS FROM THE PILOT, THE FEASIBILITY OF A STATEWIDE PROGRAM, AND 9 RECOMMENDATIONS, IF ANY, FOR ESTABLISHING A STATEWIDE PROGRAM. 10 S 4. Section 425 of the family court act, as amended by chapter 81 of 11 the laws of 2003, is amended to read as follows: 12 S 425. Agreement to support. (A) If an agreement for the support of 13 the petitioner is brought about, it must be reduced to writing and 14 submitted to the family court or a support magistrate appointed pursuant 15 to section four hundred thirty-nine of this act for approval. If the 16 court or support magistrate approves it, the court without further hear- 17 ing may thereupon enter an order for the support of the petitioner by 18 the respondent in accordance with the agreement, which shall be binding 19 upon the respondent and shall in all respects be a valid order as though 20 made after process had been issued out of the court. The court record 21 shall show that such order was made upon agreement. 22 (B) WHERE A CHILD SUPPORT ORDER IS ISSUED PURSUANT TO THE CONFERENCE 23 PROCESS PROVIDED IN SECTION ONE HUNDRED ELEVEN-L OF THE SOCIAL SERVICES 24 LAW, THE CHILD SUPPORT ORDER SHALL BE SUBMITTED TO THE COURT. 25 (I) UPON THE FILING OF AN AGREED PROPOSED ORDER BY A SOCIAL SERVICES 26 OFFICIAL: 27 (A) THE COURT SHALL ENDORSE ON THE ORDER THE DATE THE ORDER IS FILED 28 AND THE APPROPRIATE FAMILY COURT DOCKET NUMBER; 29 (B) PROVIDED THE AGREED PROPOSED ORDER AND THE WAIVERS OF SERVICE AND 30 A RIGHT TO A HEARING ARE SIGNED BY THE PARTIES, THE COURT SHALL CONFIRM 31 AND SIGN THE AGREED PROPOSED ORDER NO LATER THAN THE THIRD DAY AFTER ITS 32 FILING; PROVIDED, HOWEVER, IF THE COURT FINDS THAT THE AGREED PROPOSED 33 ORDER AND WAIVERS OF SERVICE AND A HEARING ARE NOT SIGNED BY ALL 34 PARTIES, THE COURT SHALL RETURN THE DOCUMENTS TO THE SOCIAL SERVICES 35 OFFICIAL TO ALLOW SUCH OFFICIAL TO REMEDY THE DEFICIENCY NO LATER THAN 36 THE THIRD DAY AFTER THE FILING OF THE AGREED PROPOSED ORDER; AND 37 (C) THE ORDER SIGNED AND CONFIRMED BY THE COURT SHALL IMMEDIATELY 38 BECOME A FINAL ORDER OF THE COURT AND A COPY THEREOF SHALL BE MAILED TO 39 THE SOCIAL SERVICES DISTRICT AND THE PARTIES. 40 (II) UPON THE FILING OF A PETITION FOR CONFIRMATION OF A NON-AGREED 41 PROPOSED ORDER ISSUED BY A SOCIAL SERVICES DISTRICT: 42 (A) THE COURT SHALL IMMEDIATELY SERVE EACH PARTY WITH A COPY OF THE 43 PETITION FOR CONFIRMATION OF THE NON-AGREED PROPOSED ORDER, A COPY OF 44 THE ORDER, AND A COPY OF THE FORM TO REQUEST A COURT HEARING PROMULGATED 45 BY THE OFFICE OF COURT ADMINISTRATION IN CONSULTATION WITH THE OFFICE OF 46 TEMPORARY AND DISABILITY ASSISTANCE. 47 (B)(1) A PARTY MAY FILE A REQUEST FOR A DE NOVO HEARING NO LATER THAN 48 THE TWENTIETH DAY AFTER THE DATE THE PETITION FOR CONFIRMATION OF A 49 NON-AGREED PROPOSED ORDER IS MAILED TO THE PARTY. 50 (2) A COURT SHALL CONSIDER ANY RESPONSIVE PLEADING FILED WITH THE 51 COURT THAT IS INTENDED AS AN OBJECTION TO CONFIRMATION OF A NON-AGREED 52 PROPOSED ORDER, INCLUDING A GENERAL DENIAL, AS A REQUEST FOR A DE NOVO 53 COURT HEARING. 54 (3) A REQUEST FOR A HEARING FILED DURING THE PERIOD SET FORTH IN 55 CLAUSE ONE OF THIS SUBPARAGRAPH STAYS CONFIRMATION OF THE ORDER PENDING 56 THE HEARING. S. 5423 6 1 (4) FOR PURPOSES OF THE HEARING, THE PETITION FOR CONFIRMATION AND THE 2 CHILD SUPPORT ORDER CONSTITUTE A SUFFICIENT PLEADING BY THE SOCIAL 3 SERVICES DISTRICT FOR RELIEF ON ANY ISSUE ADDRESSED IN THE PETITION AND 4 ORDER. 5 (C)(1) WHEN A TIMELY REQUEST FOR A COURT HEARING HAS BEEN FILED AS 6 PROVIDED IN SUBPARAGRAPH (B), THE COURT SHALL HOLD A DE NOVO HEARING NO 7 LATER THAN THE THIRTIETH DAY AFTER THE DATE THE REQUEST WAS FILED. 8 (2) IF THE COURT ADJOURNS THE HEARING, THE HEARING SHALL BE HELD NO 9 LATER THAN THE THIRTIETH DAY AFTER THE DATE SET FOR THE INITIAL HEARING. 10 (3) WHEN A REQUEST FOR A DE NOVO HEARING HAS NOT BEEN TIMELY RECEIVED, 11 THE COURT SHALL CONFIRM THE NON-AGREED PROPOSED ORDER NO LATER THAN THE 12 THIRTIETH DAY AFTER PETITION FOR CONFIRMATION WAS FILED; PROVIDED, 13 HOWEVER, THAT SUCH ORDER MAY BE RETROACTIVELY MODIFIED UPWARD WITHOUT A 14 SHOWING OF A CHANGE IN CIRCUMSTANCES. 15 (D) IF THE PARTY WHO REQUESTED THE HEARING FAILS TO APPEAR AT THE 16 HEARING, THE COURT SHALL CONFIRM THE NON-AGREED PROPOSED ORDER. 17 (E) AFTER THE HEARING, THE COURT SHALL: 18 (1) IMMEDIATELY CONFIRM THE NON-AGREED PROPOSED ORDER; OR 19 (2) ENTER AN ORDER OF SUPPORT. 20 (F) WHEN A CONFIRMATION ORDER IS SIGNED BY THE COURT, THE NON-AGREED 21 PROPOSED ORDER BECOMES A FINAL ORDER OF THE COURT. 22 (G) THE COURT SHALL IMMEDIATELY SERVE A COPY OF THE CONFIRMED NON-A- 23 GREED PROPOSED ORDER UPON EACH PARTY AND THE SOCIAL SERVICES DISTRICT, 24 TOGETHER WITH NOTICE OF THE RIGHT TO FILE AN OBJECTION NO LATER THAN THE 25 THIRTIETH DAY AFTER THE DATE THE ORDER WAS CONFIRMED BY THE COURT. 26 S 5. This act shall take effect on the two hundred seventieth day 27 after it shall have become a law and shall remain in full force and 28 effect until three years after such effective date at which time this 29 act shall expire and be deemed repealed. The expiration and repeal of 30 this act, however, shall not diminish or impair the rights and responsi- 31 bilities of any parties who were subject to the provisions of this act 32 while it remained in effect.