Statute:

Expedited process

ยง 439-a. Expedited process. (a) When used in this section, expedited
process means a process in effect in the family court which reduces the
processing time of support order establishment and enforcement efforts
from the date of successful service of process on the respondent to the
date on which a support obligation or enforcement order is entered, the
petition is voluntarily withdrawn or the petition is dismissed on the
merits or for lack of jurisdiction of the respondent, by the referral of
proceedings to hearing examiners appointed and qualified under section
four hundred thirty-nine of this article and exercising the powers set
forth in such section.

(b) The chief administrator shall assign a sufficient number of
support magistrates to ensure that such expedited process shall conform
to the requirements of such case processing as set forth in federal
statutes and regulations promulgated by the federal secretary of health
and human services.

(c) The use of an expedited process shall be required (i) in any
county which has a population of four hundred thousand or more or which
is wholly within a city and (ii) in any county which has a population of
less than four hundred thousand and for which the state has not been
granted an exemption from the federal expedited process required by
federal statutes and regulations of the federal secretary of health and
human services.

(d) The chief administrator of the courts may request of the state
commissioner of social services that an exemption from use of an
expedited process as required by this section and section four hundred
thirty-nine of this article in counties which are not wholly within a
city and which have a population of less than four hundred thousand be
applied for from the federal secretary of health and human services
pursuant to federal statutes and regulations providing for waivers from
the federal expedited process requirements. The chief administrator of
the courts shall, upon making such a request, provide such information
in the possession of the office of court administration which supports
an exemption from use of an expedited process to the state commissioner
of social services. Upon receipt of such a request from the chief
administrator of the courts, the state commissioner of social services
with the approval of the local commissioner of social services may apply
to the federal secretary of health and human services for exemption from
use of an expedited process. If application for such exemption is made,
the state commissioner of social services shall, promptly upon receiving
notification from the federal department of health and human services,
inform the chief administrator of the courts and the local commissioners
of social services of the granting or denial of any such application.

FCT 439-A 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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