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NY State Legislature· S8374-2025Signed by Governor

Establishes a pilot program to provide alternative dispute resolution and navigator services in child support matters, the official text

Shown verbatim: the complete text as captured from the official source posted by the New York State Senate, fetched 2026-08-11. Nothing is edited or removed. Where this bill amends existing law, language marked for deletion in the official source appears here in brackets. The official bill page.
S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8374
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               June 5, 2025
                                ___________
 
 Introduced  by  Sen. PERSAUD -- (at request of the Unified Court System)
   -- read twice and ordered printed, and when printed to be committed to
   the Committee on Rules
 
 AN ACT to amend the family court act and the judiciary law, in  relation
   to the establishment of a pilot program to provide alternative dispute
   resolution and navigator services in child support matters
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 425 of the family court act, as amended by  chapter
 81 of the laws of 2003, is amended to read as follows:
   §  425.  Agreement  to  support;  PILOT PROGRAM FOR USE OF ALTERNATIVE
 DISPUTE RESOLUTION TO OBTAIN AGREEMENTS TO SUPPORT.  (A) If THE  PARTIES
 REACH  an  agreement  for the support of the CHILD AND/OR THE petitioner
 [is brought about], it must be reduced to writing and submitted  to  the
 family  court or a support magistrate appointed pursuant to section four
 hundred thirty-nine of this act for approval IN  ACCORDANCE  WITH  PARA-
 GRAPH  (H)  OF  SUBDIVISION ONE OF SECTION FOUR HUNDRED THIRTEEN OF THIS
 ARTICLE. If the court or support magistrate approves it, the court with-
 out further hearing may thereupon enter an order AND  FINDINGS  OF  FACT
 for  the support of the CHILD AND/OR THE petitioner [by] OR the respond-
 ent in accordance with the agreement, which shall be  binding  upon  the
 [respondent]  PARTIES  and  shall  in  all respects be a valid order AND
 FINDINGS OF FACT as though made after process had been issued out of the
 court. The court record shall show that such order  [was]  AND  FINDINGS
 WERE made upon agreement.
   (B)  THE  CHIEF  ADMINISTRATOR OF THE COURTS SHALL PROMULGATE RULES TO
 ESTABLISH AND IMPLEMENT A PILOT PROGRAM FOR THE PROVISION OF ALTERNATIVE
 DISPUTE RESOLUTION AND NAVIGATION SERVICES TO LITIGANTS IN CHILD SUPPORT
 MATTERS IN THE FAMILY COURT. THE COST OF THE PILOT PROGRAM SHALL BE PAID
 FOR WITH STATE FUNDS APPROPRIATED  FOR  THAT  PURPOSE  AND  MAY  INCLUDE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08941-01-5
 S. 8374                             2
 
 FEDERAL FUNDS RECEIVED BY THE STATE UNDER TITLE IV-D OF THE SOCIAL SECU-
 RITY ACT.
   (I)  THE PILOT PROGRAM, WHICH SHALL BE CONDUCTED UNDER THE AUSPICES OF
 THE COMMUNITY DISPUTE RESOLUTION  CENTER  PROGRAM  PURSUANT  TO  ARTICLE
 TWENTY-ONE-A  OF  THE  JUDICIARY  LAW,  SHALL BE LOCATED IN AT LEAST TWO
 COUNTIES IN A CITY WITH A POPULATION OF ONE MILLION OR MORE, AND  IN  AT
 LEAST ONE OTHER COUNTY IN THE STATE, AND SHALL BE AVAILABLE AT NO CHARGE
 TO PARTIES IN CASES UNDER THIS ARTICLE. THE PROGRAM SHALL BE EQUIPPED TO
 PROVIDE  SERVICES  THAT  ARE  CULTURALLY SENSITIVE TO, AND IN THE NATIVE
 LANGUAGE OF, THE LITIGANTS IN THE COMMUNITY.
   (II) AT THE PARTIES' INITIAL APPEARANCE BEFORE THE COURT, PURSUANT  TO
 SECTION  FOUR  HUNDRED  THIRTY-THREE  OR SUBDIVISION TWO OF SECTION FOUR
 HUNDRED FIFTY-ONE OF THIS ARTICLE, IN A PARTICIPATING COUNTY, THE  COURT
 SHALL  ADVISE  THE PARTIES OF THE AVAILABILITY OF THE DISPUTE RESOLUTION
 PROGRAM AND OF THEIR RIGHT TO CONSULT WITH COUNSEL  DURING  THE  DISPUTE
 RESOLUTION PROCESS. UNLESS THE CASE IS DEEMED INAPPROPRIATE FOR A REFER-
 RAL  TO  THE  DISPUTE  RESOLUTION  PROGRAM  AFTER A REVIEW OF RECORDS IN
 ACCORDANCE WITH SUBDIVISION (E) OF SECTION SIX HUNDRED FIFTY-ONE OF THIS
 ACT, THE COURT SHALL, IF THE PARTIES CONSENT TO PARTICIPATE,  REFER  THE
 MATTER PROMPTLY TO THE PROGRAM.
   (III)  PRIOR  TO REFERRING THE PARTIES TO THE PROGRAM, THE COURT SHALL
 ISSUE A PRELIMINARY ORDER OF CHILD  SUPPORT  PURSUANT  TO  SECTION  FOUR
 HUNDRED THIRTY-FOUR OF THIS ARTICLE UNLESS THE PETITION IS FOR A MODIFI-
 CATION  OF  AN  EXISTING ORDER OF SUPPORT PURSUANT TO SUBDIVISION TWO OF
 SECTION FOUR HUNDRED FIFTY-ONE OF THIS ARTICLE.
   (IV) PRIOR TO REFERRAL PURSUANT TO PARAGRAPH (III)  OF  THIS  SUBDIVI-
 SION,  THE  COURT  SHALL  ALSO  ISSUE  AN ORDER DIRECTING THE PARTIES TO
 PROVIDE FINANCIAL DISCLOSURES IN ACCORDANCE WITH  SECTION  FOUR  HUNDRED
 TWENTY-FOUR-A  OF  THIS PART AND TO BRING OR TRANSMIT THE REQUIRED DOCU-
 MENTS TO THE PROGRAM.
   (V) THE MEDIATORS, NEUTRAL  EVALUATORS  OR  OTHER  FACILITATORS  SHALL
 RECEIVE  TRAINING  IN ACCORDANCE WITH SECTION EIGHT HUNDRED FORTY-NINE-B
 OF THE JUDICIARY LAW, AS WELL AS IN  THE  LEGAL  REQUIREMENTS  IN  CHILD
 SUPPORT  CASES,  INCLUDING, BUT NOT LIMITED TO, THE CHILD SUPPORT STAND-
 ARDS ACT, POSSIBLE DEVIATIONS, REQUIREMENTS REGARDING MEDICAL  INSURANCE
 AND  COSTS,  EDUCATIONAL  AND  CHILD  CARE EXPENSES, AGE OF MAJORITY AND
 EMANCIPATION, SHARED AND JOINT CUSTODY,  GROUNDS  FOR  MODIFICATIONS  OF
 CHILD  SUPPORT  ORDERS  AND THE CONSEQUENCES OF NONCOMPLIANCE WITH CHILD
 SUPPORT ORDERS.  IN ORDER TO RESOLVE DISPUTES INVOLVING  COMPLEX  FINAN-
 CIAL  ISSUES, THE PROGRAM MAY, IF POSSIBLE, INCLUDE AMONG ITS MEDIATORS,
 NEUTRAL EVALUATORS OR OTHER FACILITATORS, INDIVIDUALS WITH ACCOUNTING OR
 OTHER FINANCIAL QUALIFICATIONS AND EXPERIENCE.
   (VI) THE PROGRAM SHALL HAVE THE CAPACITY TO CONDUCT PROCEEDINGS  ELEC-
 TRONICALLY, WHERE APPROPRIATE, AS WELL AS IN PERSON, FOR THE CONVENIENCE
 OF THE PARTICIPANTS AND SHALL PROVIDE A SECURE MEANS FOR PARTICIPANTS TO
 SUBMIT AND EXCHANGE RELEVANT DOCUMENTS ELECTRONICALLY.
   (VII)  IF THE PARTIES REACH AN AGREEMENT, THE PROGRAM SHALL REFER THEM
 BACK TO THE FAMILY COURT IN WHICH THEIR CASE IS PENDING FOR THE COURT TO
 ALLOCUTE THE PARTIES AND TO APPROVE THE  AGREEMENT  IN  ACCORDANCE  WITH
 SUBDIVISION  (A) OF THIS SECTION AND PARAGRAPH (H) OF SUBDIVISION ONE OF
 SECTION FOUR HUNDRED THIRTEEN OF THIS ARTICLE. IF THE PROGRAM DEEMS  THE
 REFERRAL INAPPROPRIATE DUE TO ITS OWN SCREENING FOR DOMESTIC VIOLENCE OR
 FOR OTHER REASONS, OR IF PARTIES DO NOT REACH AN AGREEMENT OR REACH ONLY
 A  PARTIAL  AGREEMENT,  THE  PROGRAM SHALL REFER THEM BACK TO THE FAMILY
 COURT IN WHICH THEIR CASE IS PENDING FOR THE COURT  TO  PROCEED  WITH  A
 HEARING  UNDER THIS ARTICLE. IN ALL CASES, THE PROGRAM SHALL TRANSMIT TO
 S. 8374                             3
 
 THE COURT ALL FINANCIAL DISCLOSURE DOCUMENTS THAT HAVE BEEN PROVIDED  IN
 ACCORDANCE WITH SECTION FOUR HUNDRED TWENTY-FOUR-A OF THIS PART.
   (VIII)  IN  ADDITION  TO OR IN LIEU OF ALTERNATIVE DISPUTE RESOLUTION,
 INCLUDING IN CASES IN WHICH AN AGREEMENT IS  NOT  REACHED,  THE  PROGRAM
 SHALL PROVIDE NAVIGATION SERVICES TO THE PARTICIPANTS, INCLUDING BUT NOT
 LIMITED  TO INFORMATION REGARDING FAMILY COURT PROCEDURES, THE OBJECTION
 PROCESS, CHILD SUPPORT ENFORCEMENT SERVICES AVAILABLE THROUGH THE  LOCAL
 DEPARTMENT  OF  SOCIAL  SERVICES,  EMPLOYMENT-RELATED  OR  JOB  TRAINING
 PROGRAMS IN THE JURISDICTION, AND  CONSEQUENCES  OF  NONCOMPLIANCE  WITH
 CHILD SUPPORT ORDERS. THE PROGRAM SHALL ALSO PROVIDE ASSISTANCE TO LITI-
 GANTS  IN  PREPARATION  FOR  THE COURT APPEARANCE INCLUDING, AMONG OTHER
 SERVICES, IN ORGANIZING AND TRANSMITTING REQUIRED FINANCIAL DISCLOSURES.
 ADDITIONALLY, STAFF OF THE PILOT PROGRAM PROVIDING  NAVIGATION  SERVICES
 MAY  BE  LOCATED  ON-SITE  AT  THE  FAMILY  COURT  IN THE PILOT COUNTIES
 SELECTED PURSUANT TO PARAGRAPH (I)  OF  THIS  SUBDIVISION  IN  ORDER  TO
 PROVIDE  ASSISTANCE  IN  ARRANGING  THE  INITIAL  REFERRAL APPOINTMENTS,
 INCLUDING ASCERTAINING LANGUAGE ACCESS OR OTHER NEEDS, AND IN EXPLAINING
 WHAT DOCUMENTS ARE REQUIRED TO BE BROUGHT OR TRANSMITTED TO THE PROGRAM.
   § 2. Subdivision 1 and paragraph (d) of subdivision 4 of section 849-b
 of the judiciary law, as added by chapter 847 of the laws of  1981,  are
 amended to read as follows:
   1. There is hereby established the community dispute resolution center
 program,  to  be  administered and supervised under the direction of the
 chief administrator of the courts, to provide  funds  pursuant  to  this
 article  for  the  establishment  and  continuance of dispute resolution
 centers on the basis of need in neighborhoods, AND TO PROVIDE FUNDS  FOR
 THE  ESTABLISHMENT  AND  IMPLEMENTATION OF A PILOT PROGRAM IN ACCORDANCE
 WITH SUBDIVISION (B) OF SECTION FOUR HUNDRED TWENTY-FIVE OF  THE  FAMILY
 COURT ACT.
   (d) it provides that during or at the conclusion of the dispute resol-
 ution  process  there  shall  be a written agreement or decision setting
 forth the settlement of the issues and future responsibilities  of  each
 party  and that such agreement or decision shall be available to a court
 which has adjourned a pending action pursuant to section 170.55  of  the
 criminal  procedure  law  OR,  IN THE CASE OF WRITTEN AGREEMENTS REACHED
 PURSUANT TO THE PILOT PROGRAM ESTABLISHED PURSUANT TO SUBDIVISION (B) OF
 SECTION FOUR HUNDRED TWENTY-FIVE OF THE  FAMILY  COURT  ACT,  THAT  SUCH
 AGREEMENT SHALL BE SUBMITTED TO THE FAMILY COURT FOR APPROVAL IN ACCORD-
 ANCE WITH SUCH SECTION;
   §  3.  Subdivision 2 of section 849-d of the judiciary law, as amended
 by chapter 451 of the laws of 2006, is amended to read as follows:
   2. [The] EXCEPT AS PROVIDED IN SECTION FOUR HUNDRED TWENTY-FIVE OF THE
 FAMILY COURT ACT, THE state share of the cost  of  any  center  approved
 under  this  section shall include a basic grant of up to forty thousand
 dollars for each county served by the center and may  include  an  addi-
 tional  amount  not exceeding fifty per centum of the difference between
 the approved estimated cost of the program and the basic grant.
   § 4. This act shall take effect on  the  two  hundred  seventieth  day
 after  it  shall  have  become  a  law. Effective immediately, the chief
 administrator of the courts is authorized to promulgate any rules and/or
 protocols necessary for implementation of the provisions of this act  on
 or before such effective date.
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