Bill Text: NY S01013 | 2015-2016 | General Assembly | Introduced

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Bill Title: Relates to enforcement of orders of child support against inmates; requires that inmates be notified of their right to seek modification of child support orders; provides a 180 day stay of enforcement following release; makes provisions permitting modification applicable to inmates incarcerated prior to effective date of such amendments.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2016-01-06 - REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION [S01013 Detail]

Download: New_York-2015-S01013-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1013
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                    January 8, 2015
                                      ___________
       Introduced  by  Sen.  MONTGOMERY  -- read twice and ordered printed, and
         when printed to be committed to the Committee on Crime Victims,  Crime
         and Correction
       AN  ACT  to amend the correction law, the criminal procedure law and the
         domestic relations law, in relation to child  support  obligations  of
         inmates;  and  to  amend section 13 of chapter 182 of the laws of 2010
         amending the tax law, the family court act, the domestic relations law
         and the social services law relating  to  the  modification  of  child
         support  orders,  employer  reporting of new hires and quarterly earn-
         ings, work programs and the noncustodial earned income tax credit,  in
         relation to the effectiveness of certain provisions thereof
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The correction law is amended by adding a new section 149-a
    2  to read as follows:
    3    S 149-A. NOTIFICATION TO INMATES OF THEIR ABILITY  TO  SEEK  MODIFICA-
    4  TIONS OF AN ORDER OF CHILD SUPPORT. NOTWITHSTANDING ANY PROVISION OF LAW
    5  TO  THE  CONTRARY, THE DEPARTMENT SHALL NOTIFY ALL INMATES RESIDING IN A
    6  CORRECTIONAL FACILITY WITHIN THE STATE OF NEW YORK  OF  THE  POSSIBILITY
    7  THAT THEY MAY BE ABLE TO MODIFY AN EXISTING CHILD SUPPORT ORDER BASED ON
    8  A  "SUBSTANTIAL  CHANGE IN CIRCUMSTANCES" IN ACCORDANCE WITH SECTION TWO
    9  HUNDRED THIRTY-SIX OF  THE  DOMESTIC  RELATIONS  LAW  AND  SECTION  FOUR
   10  HUNDRED FIFTY-ONE OF THE FAMILY COURT ACT.
   11    S 2. Subdivision 1  of section 390.30 of the criminal procedure law is
   12  amended to read as follows:
   13    1.  The  investigation. The pre-sentence investigation consists of the
   14  gathering of information with respect to the circumstances attending the
   15  commission of the offense, the defendant's  history  of  delinquency  or
   16  criminality,  and  the  defendant's  social history, employment history,
   17  family situation, economic status, INCLUDING CHILD SUPPORT  OBLIGATIONS,
   18  education,  and personal habits. Such investigation may also include any
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02780-01-5
       S. 1013                             2
    1  other matter which the agency conducting the investigation  deems  rele-
    2  vant  to the question of sentence, and must include any matter the court
    3  directs to be included.
    4    S  3. Subdivision 9 of part B of section 236 of the domestic relations
    5  law is amended by adding a new paragraph e to read as follows:
    6    E. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, UPON AN
    7  APPLICATION FOR A MODIFICATION OF CHILD SUPPORT PURSUANT TO THIS  SUBDI-
    8  VISION,  THE  COURT IN ITS DISCRETION, MAY ISSUE AN ORDER DIRECTING THAT
    9  AN ORDER FOR PAYMENT OF CHILD SUPPORT BE STAYED FOR A PERIOD  OF  UP  TO
   10  ONE  HUNDRED EIGHTY DAYS FOLLOWING THE RELEASE OF A NON-CUSTODIAL PARENT
   11  FROM A PERIOD OF INCARCERATION.  ARREARS SHALL ACCRUE DURING SUCH  PERI-
   12  OD.  THE  ORIGINAL  ORDER, OR ANY MODIFIED ORDER SHALL BE ENFORCEABLE AT
   13  THE END OF SUCH STAY.
   14    S 4. Section 13 of chapter 182 of the laws of 2010  amending  the  tax
   15  law,  the  family  court  act, the domestic relations law and the social
   16  services law relating to  the  modification  of  child  support  orders,
   17  employer  reporting  of  new hires and quarterly earnings, work programs
   18  and the noncustodial earned income tax credit  is  amended  to  read  as
   19  follows:
   20    S  13.  This act shall take effect on the ninetieth day after it shall
   21  have become law; provided however, that sections six and seven  of  this
   22  act shall apply to any action or proceeding to modify any order of child
   23  support  entered  on or after the effective date of this act except that
   24  if the child support order incorporated without merging a  valid  agree-
   25  ment or stipulation of the parties, the amendments regarding the modifi-
   26  cation  of  a child support order set forth in sections six and seven of
   27  this act shall only apply if the incorporated agreement  or  stipulation
   28  was  executed  on  or  after  this act's effective date, AND EXCEPT THAT
   29  SECTIONS SIX AND SEVEN OF THIS ACT SHALL APPLY TO ANY ACTION OR PROCEED-
   30  ING TO MODIFY A CHILD SUPPORT ORDER ENTERED AGAINST ANY PERSON WHO IS AN
   31  INMATE IN A CORRECTIONAL FACILITY  IN  THIS  STATE  WHOSE  INCARCERATION
   32  BEGAN  PRIOR  TO  THE EFFECTIVE DATE OF THIS ACT; provided however, that
   33  sections three and four of this act  shall  take  effect  on  the  three
   34  hundred sixty-fifth day after it shall have become a law.
   35    S  5.  This  act shall take effect on the ninetieth day after it shall
   36  have become a law.