Bill Text: NY A09624 | 2011-2012 | General Assembly | Introduced
Bill Title: Relates to orders for child support obligors to seek employment or participate in job training, employment counseling or other programs.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2012-05-07 - REFERRED TO CHILDREN AND FAMILIES [A09624 Detail]
Download: New_York-2011-A09624-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 9624 I N A S S E M B L Y March 21, 2012 ___________ Introduced by M. of A. WEINSTEIN -- (at request of the Office of Court Administration) -- read once and referred to the Committee on Judici- ary AN ACT to amend the family court act and the social services law, in relation to orders for child support obligors to seek employment, and to repeal paragraph (i) of subdivision 2 of section 454 of the family court act relating thereto THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Section 437-a of the family court act, as amended by chap- 2 ter 592 of the laws of 2011, is amended to read as follows: 3 S 437-a. Referral to work programs. In any proceeding to establish[, 4 decrease] or [enforce] MODIFY an order of support, if the support obli- 5 gor is unemployed, the court may require the support obligor to seek 6 employment, or to participate in job training, employment counseling or 7 other programs designed to lead to employment provided such programs are 8 available. The court shall not require the support obligor to seek 9 employment or to participate in job training, employment counseling, or 10 other programs designed to lead to employment under this section if the 11 support obligor is in receipt of supplemental security income or social 12 security disability benefits. 13 S 2. Paragraph (i) of subdivision 2 of section 454 of the family court 14 act is REPEALED. 15 S 3. Paragraph (h) of subdivision 2 of section 454 of the family court 16 act, as added by chapter 214 of the laws of 1998, is amended to read as 17 follows: 18 (h) the court may require the respondent, if the persons for whom the 19 respondent has failed to pay support are applicants for or recipients of 20 public assistance, to participate in work activities as defined in title 21 nine-B of article five of the social services law. Those respondents 22 ordered to participate in work activities need not be applicants for or 23 recipients of public assistance. IF THE PERSONS FOR WHOM THE RESPONDENT 24 HAS FAILED TO PAY SUPPORT ARE NOT APPLICANTS FOR OR RECIPIENTS OF PUBLIC 25 ASSISTANCE AND, WHERE THE RESPONDENT IS UNEMPLOYED AND NOT IN RECEIPT OF EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13624-02-2 A. 9624 2 1 SUPPLEMENTAL SECURITY INCOME OR SOCIAL SECURITY DISABILITY BENEFITS, THE 2 COURT MAY REQUIRE THE RESPONDENT TO SEEK EMPLOYMENT OR TO PARTICIPATE IN 3 JOB TRAINING, EMPLOYMENT COUNSELING OR OTHER PROGRAMS DESIGNED TO LEAD 4 TO EMPLOYMENT, PROVIDED SUCH PROGRAMS ARE AVAILABLE. 5 S 4. Subdivision 20 of section 111-h of the social services law, as 6 amended by chapter 592 of the laws of 2011, is amended to read as 7 follows: 8 20. If the [support obligor] RESPONDENT is required to participate in 9 work programs pursuant to section four hundred thirty-seven-a of the 10 family court act, and the court enters an order of support on behalf of 11 the persons in receipt of public assistance, the support collection unit 12 shall not file a petition to increase the support obligation for twelve 13 months from the date of entry of the order of support if the [support 14 obligor's] RESPONDENT'S income is derived from participation in such 15 programs. 16 S 5. This act shall take effect immediately.