Bill Text: NY A01185 | 2009-2010 | General Assembly | Introduced
Bill Title: An act to amend the domestic relations law, in relation to notification concerning orders of support
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2009-06-23 - enacting clause stricken [A01185 Detail]
Download: New_York-2009-A01185-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
1185
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. SEMINERIO -- read once and referred to the
Committee on Judiciary
AN ACT to amend the domestic relations law, in relation to notification
concerning orders of support
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Paragraph (a) of subdivision 1 of section 240 of the domes-
2 tic relations law, as amended by chapter 538 of the laws of 2008, is
3 amended to read as follows:
4 (a) In any action or proceeding brought (1) to annul a marriage or to
5 declare the nullity of a void marriage, or (2) for a separation, or (3)
6 for a divorce, or (4) to obtain, by a writ of habeas corpus or by peti-
7 tion and order to show cause, the custody of or right to visitation with
8 any child of a marriage, the court shall require verification of the
9 status of any child of the marriage with respect to such child's custody
10 and support, including any prior orders, and shall enter orders for
11 custody and support as, in the court's discretion, justice requires,
12 having regard to the circumstances of the case and of the respective
13 parties and to the best interests of the child and subject to the
14 provisions of subdivision one-c of this section. Where either party to
15 an action concerning custody of or a right to visitation with a child
16 alleges in a sworn petition or complaint or sworn answer, cross-peti-
17 tion, counterclaim or other sworn responsive pleading that the other
18 party has committed an act of domestic violence against the party making
19 the allegation or a family or household member of either party, as such
20 family or household member is defined in article eight of the family
21 court act, and such allegations are proven by a preponderance of the
22 evidence, the court must consider the effect of such domestic violence
23 upon the best interests of the child, together with such other facts and
24 circumstances as the court deems relevant in making a direction pursuant
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01757-01-9
A. 1185 2
1 to this section. If a parent makes a good faith allegation based on a
2 reasonable belief supported by facts that the child is the victim of
3 child abuse, child neglect, or the effects of domestic violence, and if
4 that parent acts lawfully and in good faith in response to that reason-
5 able belief to protect the child or seek treatment for the child, then
6 that parent shall not be deprived of custody, visitation or contact with
7 the child, or restricted in custody, visitation or contact, based solely
8 on that belief or the reasonable actions taken based on that belief. If
9 an allegation that a child is abused is supported by a preponderance of
10 the evidence, then the court shall consider such evidence of abuse in
11 determining the visitation arrangement that is in the best interest of
12 the child, and the court shall not place a child in the custody of a
13 parent who presents a substantial risk of harm to that child. An order
14 directing the payment of child support shall contain the social security
15 numbers of the named parties. In all cases there shall be no prima facie
16 right to the custody of the child in either parent. Such direction
17 shall make provision for child support out of the property of either or
18 both parents. The court shall make its award for child support pursuant
19 to subdivision one-b of this section. Such direction may provide for
20 reasonable visitation rights to the maternal and/or paternal grandpar-
21 ents of any child of the parties. Such direction as it applies to rights
22 of visitation with a child remanded or placed in the care of a person,
23 official, agency or institution pursuant to article ten of the family
24 court act, or pursuant to an instrument approved under section three
25 hundred fifty-eight-a of the social services law, shall be enforceable
26 pursuant to part eight of article ten of the family court act and
27 sections three hundred fifty-eight-a and three hundred eighty-four-a of
28 the social services law and other applicable provisions of law against
29 any person having care and custody, or temporary care and custody, of
30 the child. Notwithstanding any other provision of law, any written
31 application or motion to the court for the establishment, modification
32 or enforcement of a child support obligation for persons not in receipt
33 of public assistance and care must contain either a request for child
34 support enforcement services which would authorize the collection of the
35 support obligation by the immediate issuance of an income execution for
36 support enforcement as provided for by this chapter, completed in the
37 manner specified in section one hundred eleven-g of the social services
38 law; or a statement that the applicant has applied for or is in receipt
39 of such services; or a statement that the applicant knows of the avail-
40 ability of such services, has declined them at this time and where
41 support enforcement services pursuant to section one hundred eleven-g of
42 the social services law have been declined that the applicant under-
43 stands that an income deduction order may be issued pursuant to subdivi-
44 sion (c) of section fifty-two hundred forty-two of the civil practice
45 law and rules without other child support enforcement services and that
46 payment of an administrative fee may be required. The court shall
47 provide a copy of any such request for child support enforcement
48 services to the support collection unit of the appropriate social
49 services district any time it directs payments to be made to such
50 support collection unit. THE COURT SHALL PROVIDE A COPY OF ANY DIREC-
51 TION OF CHILD SUPPORT PAYMENTS TO SUCH CHILD SUPPORT COLLECTION UNIT ANY
52 TIME THERE IS A STATEMENT THAT THE APPLICANT HAS APPLIED FOR OR IS IN
53 RECEIPT OF SUCH SERVICES AND TO THE FAMILY COURT IF IT IS MODIFYING A
54 PRIOR ORDER. Additionally, the copy of any such request OR DIRECTION
55 shall be accompanied by the name, address and social security number of
56 the parties; the date and place of the parties' marriage; the name and
A. 1185 3
1 date of birth of the child or children; and the name and address of the
2 employers and income payors of the party from whom child support is
3 sought or from the party ordered to pay child support to the other
4 party. Such direction may require the payment of a sum or sums of money
5 either directly to the custodial parent or to third persons for goods or
6 services furnished for such child, or for both payments to the custodial
7 parent and to such third persons; provided, however, that unless the
8 party seeking or receiving child support has applied for or is receiving
9 such services, the court shall not direct such payments to be made to
10 the support collection unit, as established in section one hundred
11 eleven-h of the social services law. Every order directing the payment
12 of support shall require that if either parent currently, or at any time
13 in the future, has health insurance benefits available that may be
14 extended or obtained to cover the child, such parent is required to
15 exercise the option of additional coverage in favor of such child and
16 execute and deliver to such person any forms, notices, documents or
17 instruments necessary to assure timely payment of any health insurance
18 claims for such child.
19 S 2. This act shall take effect immediately.
