Bill Text: NY S01378 | 2019-2020 | General Assembly | Introduced
Bill Title: Requires an order of protection that has been issued to a victim of domestic violence to include a provision that the order shall not expire or be vacated unless the party against whom such order is issued is in compliance with any court order directing him or her to pay child support and requires an automatic income deduction order for such order of support.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CHILDREN AND FAMILIES [S01378 Detail]
Download: New_York-2019-S01378-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1378 2019-2020 Regular Sessions IN SENATE January 14, 2019 ___________ Introduced by Sen. FUNKE -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families AN ACT to amend the criminal procedure law, the family court act, the domestic relations law and the civil practice law and rules, in relation to orders of protection and child support enforcement The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 530.11 of the criminal procedure law is amended by 2 adding a new subdivision 8 to read as follows: 3 8. An order of protection that has been issued by the court to a 4 victim of domestic violence, as defined in section four hundred fifty- 5 nine-a of the social services law, shall include a provision that such 6 order shall not expire or be vacated for any reason, unless the party 7 against whom such order is issued is in compliance with any court order 8 directing him or her to pay child support. 9 § 2. Section 812 of the family court act is amended by adding a new 10 subdivision 6 to read as follows: 11 6. An order of protection that has been issued by the court to a 12 victim of domestic violence, as defined in section four hundred fifty- 13 nine-a of the social services law, shall include a provision that such 14 order shall not expire or be vacated for any reason, unless the party 15 against whom such order is issued is in compliance with any court order 16 directing him or her to pay child support. 17 § 3. Subdivision 3 of section 240 of the domestic relations law is 18 amended by adding a new paragraph j to read as follows: 19 j. An order of protection that has been issued by the court to a 20 victim of domestic violence, as defined in section four hundred fifty- 21 nine-a of the social services law, shall include a provision that such 22 order shall not expire or be vacated for any reason, unless the party 23 against whom such order is issued is in compliance with any court order 24 directing him or her to pay child support. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07118-01-9S. 1378 2 1 § 4. Paragraph 1 of subdivision (b) of section 5241 of the civil prac- 2 tice law and rules, as amended by chapter 270 of the laws of 2013, is 3 amended to read as follows: 4 (1) When a debtor is in default, an execution for support enforcement 5 may be issued by the support collection unit, or by the sheriff, the 6 clerk of court or the attorney for the creditor as an officer of the 7 court. When a debtor of a child support order also has an order of 8 protection currently in force against him or her, which has been issued 9 to the creditor of the child support order, an execution for support 10 enforcement shall be issued by the support collection unit, or by the 11 sheriff, the clerk of the court or the attorney for the creditor as an 12 officer of the court. Where a debtor is receiving or will receive 13 income, an execution for deductions therefrom in amounts not to exceed 14 the limits set forth in subdivision (g) of this section may be served 15 upon an employer or income payor after notice to the debtor. The amount 16 of the deductions to be withheld shall be sufficient to ensure compli- 17 ance with the direction in the order of support, and shall include an 18 additional amount to be applied to the reduction of arrears. The issuer 19 may amend the execution before or after service upon the employer or 20 income payor to reflect additional arrears or payments made by the 21 debtor after notice pursuant to subdivision (d) of this section, or to 22 conform the execution to the facts found upon a determination made 23 pursuant to subdivision (e) of this section. 24 § 5. Subdivision (c) of section 5242 of the civil practice law and 25 rules, as amended by chapter 270 of the laws of 2013, is amended to read 26 as follows: 27 (c) When the court enters an order of support on behalf of persons 28 other than those in receipt of public assistance or in receipt of 29 services pursuant to section one hundred eleven-g of the social services 30 law, or registers pursuant to article five-B of the family court act an 31 order of support which has been issued by a foreign jurisdiction and 32 which is not to be enforced pursuant to title six-A of article three of 33 the social services law, where the court determines that the debtor has 34 income that could be subject to an income deduction order, the court 35 shall issue an income deduction order to obtain payment of the order at 36 the same time it issues or registers the order. When the court enters 37 an order of child support on behalf of a victim of domestic violence who 38 has also been issued an order of protection, and such order of 39 protection has been issued against the debtor of the order of child 40 support, the court shall enter an income deduction order to obtain 41 payment of the order at the same time it issues or registers the order. 42 The court shall enter the income deduction order unless the court finds 43 and sets forth in writing (i) the reasons that there is good cause not 44 to require immediate income withholding; or (ii) that an agreement 45 providing for an alternative arrangement has been reached between the 46 parties. Such agreement may include a written agreement or an oral stip- 47 ulation, made on the record, that results in a written order. For 48 purposes of this subdivision, good cause shall mean substantial harm to 49 the debtor. The absence of an arrearage or the mere issuance of an 50 income deduction order shall not constitute good cause. When the court 51 determines that there is good cause not to issue an income deduction 52 order immediately or when the parties agree to an alternative arrange- 53 ment as provided in this subdivision, the court shall state expressly in 54 the order of support the basis for its decision. 55 § 6. Subdivision 2 of section 454 of the family court act is amended 56 by adding a new paragraph (b-1) to read as follows:S. 1378 3 1 (b-1) the court shall make an income deduction order for support 2 enforcement under section fifty-two hundred forty-two of the civil prac- 3 tice law and rules when a debtor is in default for non-payment of child 4 support and has an order of protection currently in place against him or 5 her that was issued to the creditor of such child support order; 6 § 7. This act shall take effect immediately.
