Fill and Sign the New York Filing Form

Form 4-SM -2 9/2009 INFORMATION CONCERNING THE FILING OF OBJECTIONS AND REBUTTAL IN A PROCEEDING BEFORE A SUPPORT MAGISTRATE 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. Note that if you were if you were NOT in court for the hearing and this order was issued on default, you may not file objections but may challenge the order only by filing a motion to vacate the order. Procedure for filing objections 1. The objections must be in writing and contain the name and docket number of the case and the date the order to which an objection is raised was issued. 2. The reasons for your objections and the parts of the order objected to must be clearly stated. 3. 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. 4. 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 . 5. 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 duplicate copy of the recording or a transcript. The person filing objections must pay the cost for the duplicate recording or transcript. 6. Even if the Judge does not require a transcript, either party may request a duplicate recording or transcript, and the requesting party must pay the fee. 7. If an objecting party cannot afford to pay for a duplicate recording or transcript, when it is required by a Judge, the clerk of the court will provide information about the procedure for obtaining the duplicate recording or transcript without charge. 8. 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 1. A rebuttal to objections must be in writing and contain the name and docket number of the case. 2. It must state the date the objections were received, the specific objections being answered and the reasons for the rebuttal. 3. 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 service 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.