Bill Text: NY S07077 | 2021-2022 | General Assembly | Introduced
Bill Title: Relates to agreements and stipulations of child support; explains when sections of an agreement, stipulation or court order shall be deemed void and the hearing process that shall determine such.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2022-05-03 - ordered to third reading cal.543 [S07077 Detail]
Download: New_York-2021-S07077-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7077 2021-2022 Regular Sessions IN SENATE May 27, 2021 ___________ Introduced by Sen. HOYLMAN -- (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 and the domestic relations law, in relation to agreements and stipulations of child support The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (h) of subdivision 1 of section 413 of the family 2 court act, as amended by chapter 41 of the laws of 1992, is amended to 3 read as follows: 4 (h) (1) A validly executed agreement or stipulation voluntarily 5 entered into between the parties after the effective date of this subdi- 6 vision presented to the court for incorporation in an order or judgment 7 shall include the following: 8 (i) a provision stating that the parties have been advised of the 9 provisions of this subdivision; and 10 (ii) a provision stating that the basic child support obligation 11 provided for therein would presumptively result in the correct amount of 12 child support to be awarded. 13 (2) In the event that such agreement or stipulation deviates from the 14 basic child support obligation, the agreement or stipulation must speci- 15 fy the amount that such basic child support obligation would have been 16 and the reason or reasons that such agreement or stipulation does not 17 provide for payment of that amount. 18 (3) Such provision may not be waived by either party or counsel. 19 (4) Nothing contained in this subdivision shall be construed to alter 20 the rights of the parties to voluntarily enter into validly executed 21 agreements or stipulations which deviate from the basic child support 22 obligation provided such agreements or stipulations comply with the 23 provisions of this paragraph. The court shall, however, retain 24 discretion with respect to child support pursuant to this section. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10255-01-1S. 7077 2 1 (5) Any court order or judgment incorporating a validly executed 2 agreement or stipulation which deviates from the basic child support 3 obligation shall set forth the court's reasons for such deviation. 4 (6) If a court of competent jurisdiction finds that sections relating 5 to child support in any agreement, stipulation or court order fail to 6 comply with any of the provisions of this paragraph, such sections shall 7 be deemed void as of the date that any of the parties raises this fail- 8 ure to comply in a pleading or motion or as of the date that a court of 9 competent jurisdiction makes a finding of the failure to comply, which- 10 ever is earlier. Any sections of an agreement, stipulation or court 11 order that are so directly connected or intertwined with a section 12 deemed void that they necessarily must be recalculated therewith shall 13 also be deemed void as of the same earlier date. Provided, however, that 14 the provisions of this subparagraph shall be subject to the terms of 15 subparagraph eight of this paragraph. 16 (7) If a court of competent jurisdiction finds that an agreement, 17 stipulation or court order fails to comply with any of the provisions of 18 this paragraph, the court shall issue a temporary order of child support 19 and schedule a hearing to determine the final child support order. The 20 final determination of child support shall be made pursuant to this 21 section de novo and shall be effective as of the date that any of the 22 parties raises the failure to comply with any of the provisions of this 23 paragraph in a pleading or motion or a court of competent jurisdiction 24 makes a finding of the failure to comply, whichever is earlier. 25 (8) If the family court finds that sections of an agreement, stipu- 26 lation or court order other than those relating to child support are 27 directly connected or intertwined with a section that relates to child 28 support that the court has found fails to comply with this paragraph, it 29 shall dismiss the proceeding without prejudice. 30 (9) The provisions of this paragraph shall not constitute a defense to 31 non-payment of a child support obligation prior to the date that any of 32 the parties raises the failure to comply in a pleading or motion or a 33 court of competent jurisdiction makes a finding of the failure to 34 comply, whichever is earlier. 35 (10) For the purposes of this section, a court of competent jurisdic- 36 tion shall be either the family court or the supreme court, notwith- 37 standing the court in which the agreement, stipulation or order was 38 initiated, unless the supreme court has retained exclusive jurisdiction 39 to enforce or modify the agreement, stipulation or order. 40 § 2. Paragraph (h) of subdivision 1-b of section 240 of the domestic 41 relations law, as amended by chapter 41 of the laws of 1992, is amended 42 to read as follows: 43 (h) (1) A validly executed agreement or stipulation voluntarily 44 entered into between the parties after the effective date of this subdi- 45 vision presented to the court for incorporation in an order or judgment 46 shall include the following: 47 (i) a provision stating that the parties have been advised of the 48 provisions of this subdivision[,]; and 49 (ii) a provision stating that the basic child support obligation 50 provided for therein would presumptively result in the correct amount of 51 child support to be awarded. 52 (2) In the event that such agreement or stipulation deviates from the 53 basic child support obligation, the agreement or stipulation must speci- 54 fy the amount that such basic child support obligation would have been 55 and the reason or reasons that such agreement or stipulation does not 56 provide for payment of that amount.S. 7077 3 1 (3) Such provision may not be waived by either party or counsel. 2 (4) Nothing contained in this subdivision shall be construed to alter 3 the rights of the parties to voluntarily enter into validly executed 4 agreements or stipulations which deviate from the basic child support 5 obligation provided such agreements or stipulations comply with the 6 provisions of this paragraph. The court shall, however, retain 7 discretion with respect to child support pursuant to this section. 8 (5) Any court order or judgment incorporating a validly executed 9 agreement or stipulation which deviates from the basic child support 10 obligation shall set forth the court's reasons for such deviation. 11 (6) If a court of competent jurisdiction finds that sections relating 12 to child support in any agreement, stipulation or court order fail to 13 comply with any of the provisions of this paragraph, such sections shall 14 be deemed void as of the date that any of the parties raises this fail- 15 ure to comply in a pleading or motion or as of the date that a court of 16 competent jurisdiction makes a finding of the failure to comply, which- 17 ever is earlier. Any sections of an agreement, stipulation or court 18 order that are so directly connected or intertwined with a section 19 deemed void that they necessarily must be recalculated therewith shall 20 also be deemed void as of the same earlier date. Provided, however, that 21 the provisions of this subparagraph shall be subject to the terms of 22 subparagraph eight of this paragraph. 23 (7) If a court of competent jurisdiction finds that an agreement, 24 stipulation or court order fails to comply with any of the provisions of 25 this paragraph, the court shall issue a temporary order of child support 26 and schedule a hearing to determine the final child support order. The 27 final determination of child support shall be made pursuant to this 28 section de novo and shall be effective as of the date that any of the 29 parties raises the failure to comply with any of the provisions of this 30 paragraph in a pleading or motion or a court of competent jurisdiction 31 makes a finding of the failure to comply, whichever is earlier. 32 (8) If the family court finds that sections of an agreement, stipu- 33 lation or court order other than those relating to child support are 34 directly connected or intertwined with a section that relates to child 35 support that the court has found fails to comply with this paragraph, it 36 shall dismiss the proceeding without prejudice. 37 (9) The provisions of this paragraph shall not constitute a defense to 38 non-payment of a child support obligation prior to the date that any of 39 the parties raises the failure to comply in a pleading or motion or a 40 court of competent jurisdiction makes a finding of the failure to 41 comply, whichever is earlier. 42 (10) For the purposes of this section, a court of competent jurisdic- 43 tion shall be either the family court or the supreme court, notwith- 44 standing the court in which the agreement, stipulation or order was 45 initiated, unless the supreme court has retained exclusive jurisdiction 46 to enforce or modify the agreement, stipulation or order. 47 § 3. This act shall take effect on the ninetieth day after it shall 48 have become a law and shall apply to agreements and stipulations entered 49 into on or after such effective date.
