Bill Text: NY S01549 | 2011-2012 | General Assembly | Introduced
Bill Title: Provides for the payment of interest on prejudgment arrears child support and combined child and spousal support pursuant to a court order.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-01-04 - REFERRED TO JUDICIARY [S01549 Detail]
Download: New_York-2011-S01549-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
1549
2011-2012 Regular Sessions
I N S E N A T E
January 10, 2011
___________
Introduced by Sen. SAMPSON -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
AN ACT to amend the civil practice law and rules, in relation to author-
izing the imposition of prejudgment interest in certain cases of
nonpayment of support
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision (a) of section 5001 of the civil practice law
2 and rules is amended to read as follows:
3 (a) Actions in which recoverable. Interest shall be recovered upon a
4 sum awarded because of a breach of performance of a contract, [or]
5 because of an act or omission depriving or otherwise interfering with
6 title to, or possession or enjoyment of, property, OR BECAUSE OF A FAIL-
7 URE TO PAY CHILD SUPPORT OR COMBINED CHILD AND SPOUSAL SUPPORT PURSUANT
8 TO A COURT ORDER, except that in an action of an equitable nature,
9 interest and the rate and date from which it shall be computed shall be
10 in the court's discretion.
11 S 2. This act shall take effect immediately and shall apply to actions
12 and proceedings commenced on or after such effective date.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06118-01-1
