Bill Text: NY S06560 | 2019-2020 | General Assembly | Introduced
Bill Title: Modifies the criteria for the establishment and modification of child support orders and increases the annual service fee for child support services.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2019-09-13 - SIGNED CHAP.313 [S06560 Detail]
Download: New_York-2019-S06560-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6560 2019-2020 Regular Sessions IN SENATE June 16, 2019 ___________ Introduced by Sen. PERSAUD -- (at request of the Office of Temporary and Disability Assistance) -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the family court act and the domestic relations law, in relation to establishment and modification of child support orders; and to amend the social services law, in relation to an increase in the annual service fee for child support services The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Clause (v) of subparagraph 5 of paragraph (b) of subdivi- 2 sion 1 of section 413 of the family court act, as amended by chapter 567 3 of the laws of 1989, is amended to read as follows: 4 (v) an amount imputed as income based upon the parent's former 5 resources or income, if the court determines that a parent has reduced 6 resources or income in order to reduce or avoid the parent's obligation 7 for child support; provided that incarceration shall not be considered 8 voluntary unemployment, unless such incarceration is the result of non- 9 payment of a child support order, or an offense against the custodial 10 parent or child who is the subject of the order or judgment; 11 § 2. Clause (v) of subparagraph 5 of paragraph (b) of subdivision 1-b 12 of section 240 of the domestic relations law, as added by chapter 567 of 13 the laws of 1989, is amended to read as follows: 14 (v) an amount imputed as income based upon the parent's former 15 resources or income, if the court determines that a parent has reduced 16 resources or income in order to reduce or avoid the parent's obligation 17 for child support; provided that incarceration shall not be considered 18 voluntary unemployment, unless such incarceration is the result of non- 19 payment of a child support order, or an offense against the custodial 20 parent or child who is the subject of the order or judgment; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09199-02-9S. 6560 2 1 § 3. Paragraph (a) of subdivision 3 of section 451 of the family court 2 act, as amended by chapter 373 of the laws of 2014, is amended to read 3 as follows: 4 (a) The court may modify an order of child support, including an order 5 incorporating without merging an agreement or stipulation of the 6 parties, upon a showing of a substantial change in circumstances. 7 Incarceration shall not be considered voluntary unemployment and shall 8 not be a bar to finding a substantial change in circumstances provided 9 such incarceration is not the result of non-payment of a child support 10 order, or an offense against the custodial parent or child who is the 11 subject of the order or judgment. 12 § 4. Clause (i) of subparagraph 2 of paragraph (b) of subdivision 9 of 13 part B of section 236 of the domestic relations law, as amended by chap- 14 ter 182 of the laws of 2010, is amended to read as follows: 15 (i) The court may modify an order of child support, including an order 16 incorporating without merging an agreement or stipulation of the 17 parties, upon a showing of a substantial change in circumstances. 18 Incarceration shall not be considered voluntary unemployment and shall 19 not be a bar to finding a substantial change in circumstances provided 20 such incarceration is not the result of non-payment of a child support 21 order, or an offense against the custodial parent or child who is the 22 subject of the order or judgment. 23 § 5. Paragraph (a) of subdivision 3 of section 111-g of the social 24 services law, as added by section 1 of part Z of chapter 57 of the laws 25 of 2008, is amended to read as follows: 26 (a) A person who is receiving child support services pursuant to this 27 section who has never received assistance pursuant to title IV-A of the 28 federal social security act shall be subject to an annual service fee of 29 [twenty-five] thirty-five dollars for each child support case if at 30 least five hundred fifty dollars of support has been collected in the 31 federal fiscal year. Where a custodial parent has children with differ- 32 ent noncustodial parents, the order payable by each noncustodial parent 33 shall be a separate child support case for the purpose of imposing an 34 annual service fee. The fee shall be deducted from child support 35 payments received on behalf of the individual receiving services. 36 § 6. This act shall take effect immediately and shall apply to any 37 pending action or proceeding.