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22 NYCRR 205.43

Hearings to determine willful nonpayment of child support

activein force · 2026-01-05 – presentact-effective-date

(a) A petition that alleges a willful violation or seeks enforcement of an order of support shall be scheduled as soon as possible for a first appearance date in Family Court but in no event more than 60 days of the filing of the violation or enforcement petition.

(b) After service is made, the judge or support magistrate must commence a hearing to determine a willful violation within 60 days of the date noticed in the summons. The hearing must be concluded within 90 days of its commencement.

(c) Neither party shall be permitted successive adjournments to secure counsel, except for good cause shown.

(d) On the scheduled hearing date on the issue of willfulness, the hearing may not be adjourned except for the following reasons:

(1) actual engagement of counsel pursuant to Part 125 of this Title;

(2) illness of a party, attorney or support magistrate;

(3) consent of the parties; or

(4) other good cause shown.

No adjournment shall be in excess of 30 days.

(e) If a willfulness hearing has commenced and must be continued, the adjourned date shall be within 14 court days.

(f) Upon the conclusion of a willfulness hearing in a case heard by a support magistrate, the support magistrate shall issue written findings of fact within 14 court days.

(g) The time deadlines set forth in subdivisions (a) through (f) of this section may be extended by the court for good cause shown.

(h) In a case heard by a support magistrate, if the support magistrate makes a finding of willfulness, the written findings shall include the following:

(1) the specific facts upon which the finding of willfulness is based;

(2) the specific amount of arrears established and a money judgment for such amount. An award of attorney's fees may be issued with the findings or at a later date after the case is heard by the Family Court judge;

(3) a recommendation regarding the sanctions that should be imposed, including a recommendation whether the sanction of incarceration is recommended; and

(4) a recommendation, as appropriate, regarding a specific dollar amount to be paid or a specific plan to repay the arrears.

(i) In a case heard by a support magistrate, if counsel is assigned, the assignment shall continue through the confirmation proceeding before the Family Court judge without further order of the court.

(j) In a case heard by a support magistrate, a Family Court judge may confirm the findings of the support magistrate by adopting his or her findings and recommendations in whole or in part. Alternatively, the Family Court judge may modify or refuse to confirm the findings and recommendations and may refer the matter back to the support magistrate for further proceedings. The court may, if necessary, conduct an evidentiary hearing.

History

2025: 205.43 > Amended (a), (b), (c), (d), (e), (f) and added (d)(3), (g) on November 19, 2025, effective January 5, 2026 (order: https://nycourts.gov/LegacyPDFS/RULES/trialcourts/Signed Letter to DOS-AO.294.25.pdf) 2003: 205 > Amended 205.3, 205.32, 205.33, 205.34, 205.35, 205.36, 205.37 & 205.43 on Aug. 11 (order: https://www.nycourts.gov/LegacyPDFS/rules/trialcourts/205_amend3.pdf)

Provenance

Source
nycourts.gov
Retrieved
2026-09-17
Edition
2026-09-16
Content hash
babd177715c3f5a5684ba3b1fe69bb630be82f2662b699dfbf800e43be76740f
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