Family Court Act §439(e) governs the filing of objections to an order of a Support Magistrate. It provides, in part, that the final order of a Support Magistrate, after objections and the rebuttal, if any, have been reviewed by a judge, can be appealed pursuant to Article 11 of the family court act. However, no appeal lies from an order of a Support Magistrate where the appellant has not submitted proper objections to the order to a Family Court Judge for review. An attorney representing a client in a Family Court support matter must have a thorough understanding of the sometimes confusing objection process to prevent the dismissal of his clients’ objections and preserve her right to appeal.
At the time of the entry of the support order, the clerk of the court is required to cause a copy of the findings of fact and order of support to be served, either in person or by mail, upon the parties to the proceeding, or their attorneys. 22 NYCRR 205.36(b). Specific written objections to the order may be filed by either party with the court within 30 days after receipt of the order in court or by personal service. If the objecting party did not receive the order in court or by personal service, the objections may be filed 35 days after the mailing of the order to the party. The failure to timely file objections will result in their rejection by the court. FCA §439(e); Hamilton v. Hamilton, 112 A.D.3d 715 (2d Dept. 2013).
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