Most Family Court child support cases are heard before support magistrates. When a support magistrate issues an order, it is not appealable as of right to the appellate division. What needs to occur in a very timely fashion is the party that’s not satisfied with the order, either because the facts are wrong, because the law is misapplied or something that occurred during the hearing didn’t make its way into the decision, it needs to be reviewed by an attorney and then objections need to be filed to the court within 30 days of receiving the order.
That then goes to a Family Court judge. The Family Court judge will then review the objections, and the rebuttal from the other side in making a decision. Sometimes the Family Court judge will remand – meaning send back – the proceedings back to the support magistrate to make additional findings. Other times, the Family Court judge will say yes, the support magistrate was correct and the order will be affirmed. Or the Family Court judge could say no, the support magistrate was wrong and reverse the proceedings in their entirety.
In either case, the Family Court judge’s decision can then be appealed to an appellate court, a higher court, which is in Brooklyn if you live in Nassau or Suffolk County.
For a free consultation regarding a divorce or family law issue in Suffolk or Nassau County, please contact us or call (631) 337-1977. We look forward to speaking with you.