Statute:

Procedure; adjournment; confidentiality of requests

ยง 435. Procedure; adjournment; confidentiality of requests. (a)
Hearings are conducted by the court without a jury. The court may
adjourn the hearing to enable it to make inquiry into the surroundings,
conditions and capacities of the child, into the financial abilities and
responsibilities of both parents and for other proper cause. If the
court so adjourns the hearing, it may require the respondent to give an
undertaking to appear or in default thereof may commit him until the
hearing resumes.

(b) Hearings are conducted without a jury. The support magistrate may
adjourn the hearing in order to make inquiry into the surroundings,
conditions and capacities of the child and into the financial abilities
and responsibilities of both parents and for other proper cause
including a referral of issues required to be determined by a judge. If
the support magistrate so adjourns the hearing, the support magistrate
shall make a temporary order of support, pending a final determination,
and may require the respondent to give an undertaking to appear or in
default thereof may, subject to the provisions in section four hundred
thirty-nine of this act and confirmation by a judge, commit him or her
until the hearing resumes. The support magistrate shall enter an order
of support on default if the respondent fails to answer or appear after
having been properly served.

(c) Reports prepared by the probation service for use by the court at
any time prior to the making of an order of disposition shall be deemed
confidential information furnished to the court which the court in a
proper case may, in its discretion, withhold from or disclose in whole
or in part to the support magistrate, child's attorney, counsel, party
in interest, or other appropriate person. Such reports may not be made
available to the court prior to a determination that the respondent is
liable under this article for the support of the petitioner.

FCT 435 2014-09-22

Sections:

Article 4 - Support Proceedings
Part 1 - (411 - 418) Jurisdiction And Duties Of Support
411 - Jurisdiction
412 - Married person's duty to support spouse.
413 - Parents' duty to support child.
413-A - Review and cost of living adjustment of child support orders.
415 - Duties to support recipient of public assistance or welfare and patients in institutions in the department of mental hygiene.
416 - Elements of support; provisions for accident, life and health insurance benefits.
417 - Child of ceremonial marriage.
418 - Genetic marker and DNA tests; admissibility of records or reports of test results; costs of tests.
Part 2 - (421 - 430) Venue And Preliminary Procedure
421 - Venue.
422 - Persons who may originate proceedings.
423 - Petition; prior demand not required.
424 - Probation services.
424-A - Compulsory financial disclosure.
425 - Agreement to support.
426 - Issuance of summons.
427 - Service of summons.
428 - Issuance of warrant; certificate of warrant.
429 - Sequestration of respondent's property.
430 - Temporary order of protection.
Part 3 - (431 - 439-A) Hearing
431 - Preliminary procedure on warrant.
432 - Procedure before court.
433 - Enacted without section heading.
434 - Order for temporary child support.
434-A - Order for temporary spousal support.
435 - Procedure; adjournment; confidentiality of requests.
436 - Competence of spouse.
437 - Presumption of sufficient means.
437-A - Referral to work programs.
438 - Counsel fees.
439 - Support magistrates.
439-A - Expedited process.
Part 4 - (440 - 449) Orders
440 - Order of support.
441 - Order dismissing petition.
442 - Order of support by a spouse.
443 - Order of support by parent.
445 - Order of support by relative; duration.
446 - Order of protection.
446-A - Firearms; surrender and license suspension, revocation and ineligibility.
447 - Order of visitation.
448 - Enforcement by income deduction.
449 - Effective date of order of support.
Part 5 - (451 - 460) Compliance With Orders
451 - Continuing jurisdiction.
453 - Petition; violation of court order.
454 - Powers of the court on violation of a support order.
455 - Commitment.
456 - Probation.
457 - Order of sequestration on failure to obey support order.
458-A - Enforcement of arrears; Suspension of driving privileges.
458-B - Child support proceedings and enforcement of arrears; suspension of state professional, occupational and business licenses.
458-C - Child support proceedings and enforcement of arrears; suspension of recreational licenses.
459 - Additional arrears.
460 - Entry and docketing of a money judgment.
Part 6 - (461 - 469) Effect Of Action For Separation, Divorce Or Annulment
461 - Duty to support child after separation agreement, separation, or termination of marriage.
462 - Effect of support order in matrimonial action on duration of family court support order for child.
463 - Effect of separation agreement on duty to support a spouse.
464 - Effect of pendency of action for divorce, separation or annulment on petition for support of a spouse.
465 - Effect of denial of support in action for separation.
466 - Effect of granting of support in action for divorce, separation or annulment.
467 - Referral by supreme court of applications to fix custody in action for divorce, separation or annulment.
469 - Rules of court; venue.
Part 7 - (471 - 479) Undertaking
471 - Undertaking for support and cash deposits.
472 - Undertaking to be filed.
473 - Substitution of surety.
474 - Default.
475 - Procedure as to defaults.
476 - Forfeitures applied to support of petitioner.
477 - Surrender of respondent by surety.
478 - Termination of surety's liability.
479 - When new security required.

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