- Objection to a Support Magistrate Order
- Objection to Cost of Living Adjustment (COLA)
- Objection to The Support Collection Unit's Denial of a Driver's License Suspension
Information concerning the filing of objections and rebuttal in a proceeding before a Support Magistrate:
If you have received a copy of an order of support signed by a Support Magistrate and a copy of the Support Magistrate's findings of fact upon which the order is based. This order must be obeyed.
Either party has a right to file specific written objections to this order with the clerk of the court. These objections must be filed within thirty (30) days of the date the order was received in court or personally served, or, if the order was received by mail, within thirty-five (35) days of the mailing of the order. The objections then will be reviewed by a Judge of the Family Court. Even if objections are filed, the amount ordered by the Support Magistrate must continue to be paid unless and until a Judge signs a different order.
Procedure for filing objections:
- The objections must be in writing and contain the name and docket number of the case.
- The reasons for your objections and the parts of the order objected to must be clearly stated.
- The opposing party must be served with a copy of the objections, either in person or by mail, and an affidavit of service must be filled out. The clerk of the court will make a sample objection and affidavit form available.
- The original of the objections and the affidavit of service must be filed with the clerk of the court within (30) days of the date the order was received in court or personally served or, if the order was received by mail, within thirty-five (35) days of the mailing of the order.
- A transcript will not be necessary unless the Judge requires one. If so, the clerk of the court will provide information on how to obtain a transcript. The person filing objections must pay the cost for the transcript.
- Even if the Judge does not require a transcript, either party may request a transcript, and the requesting party must pay the fee.
- If an objecting party cannot afford to pay for a transcript, when it is required by a Judge, the clerk of the court will provide information about the procedure for obtaining the transcript without charge.
- The party served with objections has a right to file a rebuttal. A rebuttal is an answer to the objections.
Procedure for filing a rebuttal:
- A rebuttal to objections must be in writing and contain the name and docket number of the case.
- It must state the date the objections were received, the specific objections being answered and the reasons for the rebuttal.
- The rebuttal must be filed with the Clerk of the Court. The opposing party must be served with a copy of the rebuttal, either in person or by mail, within thirteen (13) days after receipt of the objections, and an affidavit of service must be filled out. The Clerk of the Court will make a sample affidavit of service available.
Definition: Any party to a child support order, including the Child Support Enforcement Services, may request that the Support Collection Unit review the order for a for a Cost of Living Adjustment.
A C.O.L.A. shall be made by the Support Collection Unit with respect to an Order of Support under review if the sum of the annual average changes of the Consumer Price Index for all urban consumers (CPI-U), as published annually by the United States Department of Labor Statistics, is ten percent or greater. (This is commonly referred to as a Cost of Living increase).
Objections to an Adjusted Order of Support (COLA)
The following is the procedure that should be followed when processing such objections:
A court user should be complete the “Objection to an Adjusted Order issued by the Support Collection Unit” (Form 4-19).
(Note: A motion to vacate an adjusted order of support -- Form 4-20 & 4-20a -- may be made no later than 45 days after an adjusted support order is executed by the court where no specific written objections have been timely received by the court.)
The Applicant should be directed to:
- Complete the attached Objection form, 4-19 and have the Support Collection Unit AND the opposing party served with the objection. The SCU can be served at: NYC Department of Social Services -- Office of Legal Affairs -- Support and Lien Recovery Litigation Unit 150 Greenwich Street, 38th Floor New York, NY 10007.
- Have the affidavit signed and notarized.
- Return to the Court the original and three (3) copies of the completed objection packet.
Upon your return with of the applicant, with the completed paperwork, the Petition clerk should:
• Assign the Objection to a Support Magistrate for a date within 21 days or next available day. When possible, the objecting party present will be informed of the date.
• Notify all parties, including SCU, of the adjourn date by mail.
Procedures for the Objection to SCU Denial of Challenge to Driver's License Suspension.
The following is the procedure that should be followed when processing such objections.
A court user should be given the attached “Objection to SCU denial of Challenge to Driver's License Suspension” Form 4-22.
(Note: An Objection to a Driver's License Suspension MUST be filed prior to the actual suspension of the client's license. This option is not available after the Department of Motor Vehicles suspends a clients driver's license.)
The Applicant must:
- Complete and notarize the “Objection to SCU Denial of Challenge to Driver's License Suspension.” (Form 4-22).
- Serve SCU at: NYC Department of Social Services -- Office of Legal Affairs -- Support and Lien Recovery Litigation Unit 150 Greenwich Street, 38th Floor New York, NY 10007.
- Return to the Family Court with the following necessary documentation.
A person Filing an Objection to a Driver's License Suspension MUST have the following documentation:
- Form 4-22, Objection to SCU denial of challenge to Driver's license Suspension filled out and notarized;
- Notice from SCU that license will be suspended;
- Notice (from SCU) of Denial of Challenge;
- Completed Objection form;
- Proof of Service upon SCU;
- Driver's License.
After filing Objection with the Family Court:
- Applicant will be notified by mail of his/her application.
- Objection petition will be filed as a Supplemental Petition under the docket number of existing O/S.
- The Support Collection Unit has 10 calendar days to file a rebuttal (Answer) to your objection.
- When SCU's rebuttal arrives, or the 10 days pass without a rebuttal, the objection and case file shall be scheduled and ASSIGNED to a Family Court Judge.