Bill Text: NY S01453 | 2013-2014 | General Assembly | Introduced

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Bill Title: Provides for accumulated child support arrears equivalent to or greater than ten thousand dollars to be punishable as a class E felony.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO JUDICIARY [S01453 Detail]

Download: New_York-2013-S01453-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1453
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by Sens. FLANAGAN, LARKIN -- read twice and ordered printed,
         and when printed to be committed to the Committee on Judiciary
       AN ACT to amend the family court act, in  relation  to  enforcement  and
         punishment for failure to make child support payments
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The family court act is amended by  adding  a  new  section
    2  458-d to read as follows:
    3    S  458-D.  ENFORCEMENT  OF ARREARS; ADDITIONAL PENALTY. IN ADDITION TO
    4  THE RELIEF GRANTED FOR FAILURE TO COMPLY WITH AN ORDER OF SUPPORT PURSU-
    5  ANT TO THIS ARTICLE, AN AGGRIEVED PARTY MAY MAKE AN APPLICATION PURSUANT
    6  TO THE PROVISION OF SECTION SEVEN HUNDRED FIFTY-SIX OF THE JUDICIARY LAW
    7  TO PUNISH A RESPONDENT FOR CONTEMPT, AND WHERE  THE  JUDGMENT  OR  ORDER
    8  DIRECTS  PAYMENT  TO  BE  MADE  IN INSTALLMENTS, OR AT STATED INTERVALS,
    9  FAILURE TO MAKE SUCH PAYMENTS OR INSTALLMENT MAY BE PUNISHED AS  THEREIN
   10  PROVIDED AND SUCH PUNISHMENT, EITHER BY FINE OR COMMITMENT, SHALL NOT BE
   11  A BAR TO A SUBSEQUENT PROCEEDING TO PUNISH THE RESPONDENT FOR A CONTEMPT
   12  FOR  FAILURE  TO  PAY  SUBSEQUENT INSTALLMENTS; PROVIDED, HOWEVER IF THE
   13  RESPONDENT HAS WILLFULLY ACCUMULATED CHILD SUPPORT ARREARS EQUIVALENT TO
   14  OR GREATER THAN TEN THOUSAND DOLLARS, THE RESPONDENT SHALL BE GUILTY  OF
   15  A CLASS E FELONY PUNISHABLE IN ACCORDANCE WITH THE PENAL LAW.
   16    S 2. This act shall take effect on the first of November next succeed-
   17  ing  the date on which it shall have become a law and shall apply to any
   18  judgment entered or fine or penalty imposed on any arrears accrued on or
   19  after such date.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05630-01-3