Bill Text: NY S04271 | 2013-2014 | General Assembly | Introduced

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Bill Title: Provides that no modification of child support orders shall reduce or annul child support arrears accrued prior to the making of an application.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO JUDICIARY [S04271 Detail]

Download: New_York-2013-S04271-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4271
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                    March 18, 2013
                                      ___________
       Introduced  by Sen. BONACIC -- (at request of the Office of Court Admin-
         istration) -- 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 child support
         arrears accrued prior to applications to modify child  support  orders
         in supreme or family court
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivisions 2 and 5 of section 455  of  the  family  court
    2  act,  as amended by chapter 533 of the laws of 1999, are amended to read
    3  as follows:
    4    2. Except as provided in article five-B of this  act,  any  respondent
    5  against  whom  an  order  of  commitment has been issued, if financially
    6  unable to comply with any lawful order issued under this  article,  upon
    7  such  notice  to such parties as the court may direct, may make applica-
    8  tion to the court for an order relieving him or her of  FUTURE  payments
    9  directed  in  such  order  and the commitment order. The court, upon the
   10  hearing on such application, if satisfied by competent  proof  that  the
   11  respondent  is  financially unable to comply with such order may, upon a
   12  showing of good cause until further order  of  the  court,  modify  such
   13  order  and  relieve  the  respondent from the commitment order.  NO SUCH
   14  MODIFICATION SHALL REDUCE OR ANNUL CHILD SUPPORT ARREARS  ACCRUED  PRIOR
   15  TO  THE  MAKING  OF  AN  APPLICATION  PURSUANT  TO THIS SECTION. No such
   16  modification shall reduce or annul unpaid sums or installments OF  OTHER
   17  ARREARS  accrued  prior  to  the  making  of such application unless the
   18  defaulting party shows good cause for failure to  make  application  for
   19  relief  from  the  order  directing payment prior to the accrual of such
   20  arrears. Such modification may increase the amount to be  paid  pursuant
   21  to a lawful order issued under this article nunc pro tunc based on newly
   22  discovered evidence.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09329-01-3
       S. 4271                             2
    1    5.  Any respondent may assert his or her financial inability to comply
    2  with the directions contained in an order issued under this  article  or
    3  an order or judgment entered in a matrimonial action or in an action for
    4  the  enforcement  in  this  state  of a judgment in a matrimonial action
    5  rendered  in  another  state,  as  a  defense in a proceeding instituted
    6  against him or her under subdivision one of section four hundred  fifty-
    7  four of this article or under the judiciary law to punish him or her for
    8  failure  to  comply with such directions. If the court, upon the hearing
    9  of such contempt proceeding, is satisfied by competent  proof  that  the
   10  respondent  is financially unable to comply with such order or judgment,
   11  it may, in its discretion, until further order of  the  court,  make  an
   12  order  modifying  such  order or judgment and denying the application to
   13  punish the respondent for contempt; provided, however, that if an  order
   14  or  [judgement]  JUDGMENT  for  child support issued by another state is
   15  before the court solely for enforcement, the court may only  modify  the
   16  order  in accordance with article five-B of this act.  NO SUCH MODIFICA-
   17  TION SHALL REDUCE OR ANNUL CHILD SUPPORT ARREARS ACCRUED  PRIOR  TO  THE
   18  MAKING  OF AN APPLICATION PURSUANT TO THIS SECTION. No such modification
   19  shall reduce or annul UNPAID  SUMS  OR  INSTALLMENTS  OF  OTHER  arrears
   20  accrued  prior to the making of such application for modification unless
   21  the defaulting party shows good cause for failure  to  make  application
   22  for  relief  from  the order or judgment directing such payment prior to
   23  the accrual of such  arrears.    Such  modification  may  increase  such
   24  support  nunc  pro tunc as of the date of the application based on newly
   25  discovered evidence. Any retroactive amount of support due shall be paid
   26  in one sum or periodic sums, as the  court  shall  direct,  taking  into
   27  account any amount of temporary support which has been paid.
   28    S  2.  This  act shall take effect on the ninetieth day after it shall
   29  have become a law.