N.Y. Family Court Act § 425: Agreement to support; pilot program for use of alternative dispute resolution to obtain agreements to support

§ 425. Agreement to support; pilot program for use of alternative

dispute resolution to obtain agreements to support. (a) If the parties

reach an agreement for the support of the child and/or the petitioner,

it must be reduced to writing and submitted to the family court or a

support magistrate appointed pursuant to section four hundred

thirty-nine of this act for approval in accordance with paragraph (h) of

subdivision one of section four hundred thirteen of this article. If the

court or support magistrate approves it, the court without further

hearing may thereupon enter an order and findings of fact for the

support of the child and/or the petitioner or the respondent in

accordance with the agreement, which shall be binding upon the parties

and shall in all respects be a valid order and findings of fact as

though made after process had been issued out of the court. The court

record shall show that such order and findings were made upon agreement.

(b) The chief administrator of the courts shall promulgate rules to

establish and implement a pilot program for the provision of alternative

dispute resolution and navigation services to litigants in child support

matters in the family court. The cost of the pilot program shall be paid

for with state funds appropriated for that purpose and may include

federal funds received by the state under title IV-D of the social

security act.

(i) The pilot program, which shall be conducted under the auspices of

the community dispute resolution center program pursuant to article

twenty-one-A of the judiciary law, shall be located in at least two

counties in a city with a population of one million or more, and in at

least one other county in the state, and shall be available at no charge

to parties in cases under this article. The program shall be equipped to

provide services that are culturally sensitive to, and in the native

language of, the litigants in the community.

(ii) At the parties' initial appearance before the court, pursuant to

section four hundred thirty-three or subdivision two of section four

hundred fifty-one of this article, in a participating county, the court

shall advise the parties of the availability of the dispute resolution

program and of their right to consult with counsel during the dispute

resolution process. Unless the case is deemed inappropriate for a

referral to the dispute resolution program after a review of records in

accordance with subdivision (e) of section six hundred fifty-one of this

act, the court shall, if the parties consent to participate, refer the

matter promptly to the program.

(iii) Prior to referring the parties to the program, the court shall

issue a preliminary order of child support pursuant to section four

hundred thirty-four of this article unless the petition is for a

modification of an existing order of support pursuant to subdivision two

of section four hundred fifty-one of this article.

(iv) Prior to referral pursuant to paragraph (iii) of this

subdivision, the court shall also issue an order directing the parties

to provide financial disclosures in accordance with section four hundred

twenty-four-a of this part and to bring or transmit the required

documents to the program.

(v) The mediators, neutral evaluators or other facilitators shall

receive training in accordance with section eight hundred forty-nine-b

of the judiciary law, as well as in the legal requirements in child

support cases, including, but not limited to, the child support

standards act, possible deviations, requirements regarding medical

insurance and costs, educational and child care expenses, age of

majority and emancipation, shared and joint custody, grounds for

modifications of child support orders and the consequences of

noncompliance with child support orders. In order to resolve disputes

involving complex financial issues, the program may, if possible,

include among its mediators, neutral evaluators or other facilitators,

individuals with accounting or other financial qualifications and

experience.

(vi) The program shall have the capacity to conduct proceedings

electronically, where appropriate, as well as in person, for the

convenience of the participants and shall provide a secure means for

participants to submit and exchange relevant documents electronically.

(vii) If the parties reach an agreement, the program shall refer them

back to the family court in which their case is pending for the court to

allocute the parties and to approve the agreement in accordance with

subdivision (a) of this section and paragraph (h) of subdivision one of

section four hundred thirteen of this article. If the program deems the

referral inappropriate due to its own screening for domestic violence or

for other reasons, or if parties do not reach an agreement or reach only

a partial agreement, the program shall refer them back to the family

court in which their case is pending for the court to proceed with a

hearing under this article. In all cases, the program shall transmit to

the court all financial disclosure documents that have been provided in

accordance with section four hundred twenty-four-a of this part.

(viii) In addition to or in lieu of alternative dispute resolution,

including in cases in which an agreement is not reached, the program

shall provide navigation services to the participants, including but not

limited to information regarding family court procedures, the objection

process, child support enforcement services available through the local

department of social services, employment-related or job training

programs in the jurisdiction, and consequences of noncompliance with

child support orders. The program shall also provide assistance to

litigants in preparation for the court appearance including, among other

services, in organizing and transmitting required financial disclosures.

Additionally, staff of the pilot program providing navigation services

may be located on-site at the family court in the pilot counties

selected pursuant to paragraph (i) of this subdivision in order to

provide assistance in arranging the initial referral appointments,

including ascertaining language access or other needs, and in explaining

what documents are required to be brought or transmitted to the program.