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New York · 2025-2026 General Assembly

A08271 Relates to the right to counsel in certain family court proceedings regarding violations of orders of child support and to establish paternity or parentage in the family court.

Direction

Custody & support support enforcementAI label

Expands rights of the paying or noncustodial parent model confidence 90%

Expands right to counsel (including appointed counsel if indigent) for all parties in proceedings to hold them in contempt or willful violation of child support orders, and for respondents in such proceedings, so greater ability for the paying/less-custodial parent to defend against enforcement.

all parties in any proceeding before the court in which an order or other determination is being sought to hold a party or parties in contempt of the court or in willful violation of a previous order of the court, except for a contempt which may be punished summarily under section seven hundred fifty-five of the judiciary law;

✓ Quote verified word for word in the bill text

Custody & support paternityAI label

Expands rights of the paying or noncustodial parent model confidence 90%

Expands right to counsel (including appointed counsel if indigent) for all parties in proceedings to establish paternity or parentage, and for noticed intervenors, so greater ability for the alleged father/less-custodial parent to participate in or contest such proceedings.

all parties in any proceeding to establish paternity or parentage under article five, five-B, or five-C of this act, and all noticed persons who intervene in proceedings under article five-C of this act

✓ Quote verified word for word in the bill text

Custody & support child supportAI label

Expands rights of the paying or noncustodial parent model confidence 80%

Provides that a person to whom a child support order is payable or who originates a violation proceeding has a right to counsel (including appointed if indigent), expanding access to representation in support enforcement actions.

If the proceeding is commenced by a person to whom the order is payable or by any other person who may originate proceedings under section four hundred twenty-two of this article, such person shall have a right to counsel under section two hundred sixty-two of this act, including the right to appointed counsel if such person is financially unable to obtain counsel

✓ Quote verified word for word in the bill text

  1. Filed (completed)
  2. Committee
  3. Passed one chamber
  4. Passed both
  5. Governor
  6. Law

Status: Died (session ended)

Last action
2025-06-13: substituted by s8197
Filed
2025-05-07
Sponsor
Maritza Davila D

Why the model tagged it this way: The bill amends the Family Court Act to expand the right to counsel (including appointed counsel for those financially unable) for parties in child support violation/contempt proceedings, paternity/parentage establishment proceedings, and related support enforcement actions. These changes provide greater procedural protections and access to representation for respondents and other parties (typically the paying or less-custodial parent in enforcement contexts), without imposing new obligations or restrictions on them. No other listed topics are substantively addressed.

Related bills

Hearings and calendar

Votes

DateChamberMotionYea-Nay
2025-05-20AAssembly Children And Families Committee: Favorable refer to committee Codes16-0Passed
2025-05-28AAssembly Codes Committee: Favorable refer to committee Ways and Means21-0Passed
2025-06-12AAssembly Ways And Means Committee: Favorable refer to committee Rules34-0Passed
2025-06-13AAssembly Rules Committee: Favorable29-0Passed

Sponsors

Text versions

History (8 actions)
DateChamberAction
2025-06-13Asubstituted by s8197
2025-06-13Aordered to third reading rules cal.748
2025-06-13Arules report cal.748
2025-06-13Areported
2025-06-12Areported referred to rules
2025-05-28Areported referred to ways and means
2025-05-20Areported referred to codes
2025-05-07Areferred to children and families