Position Statement – 2025

A.8271 (Davila)/S.8197 (Brisport)

Support

The Women’s Bar Association of the State of New York (“WBASNY”) supports A.8271 (Davila)/S.8197 (Brisport) amending the Family Court Act to establish a right to counsel in proceedings regarding violations of orders of child support and to establish paternity or parentage in family court.

This legislation amends the Family Court Act to include three important categories of litigants who are eligible for assigned counsel if they cannot afford counsel,  namely: (i) any person, not simply a respondent, in child support violation proceedings under Article 4 and other contempt proceedings other than summary contempt; (ii) both parties in paternity proceedings under Article 5; and (iii)  any person involved in a proceeding determining parentage under the Uniform Interstate Family Support Act (UIFSA, Article 5-B) and under the Child- Parent Security Act (CPSA, Article 5-C). Also, when a teen parent is a party to a paternity or support violation proceeding, Family Court Act §249 would authorize appointment of an Attorney for the Child.

This legislation also creates additional protection for individuals who may be facing domestic violence in their homes. It has been established that financial stability is a protective factor for survivors of domestic violence, and that financial exploitation and abuse by the abusive partner is often commonplace. Attorney rates for this representation can be prohibitive and free legal clinics are often at capacity to provide services. Mandating the assignment of counsel ensures that all parties are on equal footing – regardless of income. Additionally, this legislation is in best interests of the child. Now a child’s future will not hinge on who has the most resources, and both parties will have the legal representation that they need to advocate for their position.

WBASNY has a long and honored role in making life better for women and children by advocating for equality and fair treatment. This is a highly technical area of law, pro se petitioners often find themselves confused and struggling to understand the law, and open to potential abuse. This legislation creates a fairer system and allows for greater access to justice. Accordingly, WBASNY supports this legislation and urges its enactment into law.