Understanding The Support Magistrate Objection Process

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…Read More