Bill Text: NY S09015 | 2023-2024 | General Assembly | Introduced
Bill Title: Relates to the establishment and modification of child support orders; requires the court to consider the specific circumstances of the parent.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced) 2024-05-22 - SUBSTITUTED BY A9505 [S09015 Detail]
Download: New_York-2023-S09015-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9015 IN SENATE April 10, 2024 ___________ Introduced by Sen. PERSAUD -- read twice and ordered printed, and when printed to be committed to the Committee on Social Services AN ACT to amend the family court act and the domestic relations law, in relation to establishment and modification of child support orders The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Clause (iv) 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 (iv) at the discretion of the court, the court may attribute or impute 5 income from[,] such other resources as may be available to the parent, 6 including, but not limited to: 7 (A) non-income producing assets, 8 (B) meals, lodging, memberships, automobiles or other perquisites that 9 are provided as part of compensation for employment to the extent that 10 such perquisites constitute expenditures for personal use, or which 11 expenditures directly or [indirecly] indirectly confer personal economic 12 benefits, 13 (C) fringe benefits provided as part of compensation for employment, 14 and 15 (D) money, goods, or services provided by relatives and friends; 16 In determining the amount of income that may be attributed or imputed, 17 the court shall consider the specific circumstances of the parent, to 18 the extent known, including such factors as the parent's assets, resi- 19 dence, employment and earning history, job skills, educational attain- 20 ment, literacy, age, health, criminal record and other employment barri- 21 ers, record of seeking work, the local job market, the availability of 22 employers willing to hire the parent, prevailing earnings level in the 23 local community, and other relevant background factors such as the age, 24 number, needs, and care of the children covered by the child support 25 order. Attribution or imputation of income shall be accompanied by 26 specific written findings identifying the basis or bases for such deter- 27 mination utilizing factors required or permitted to be considered pursu- 28 ant to this clause; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14925-01-4S. 9015 2 1 § 2. Clause (iv) of subparagraph 5 of paragraph (b) of subdivision 1-b 2 of section 240 of the domestic relations law, as added by chapter 567 of 3 the laws of 1989, is amended to read as follows: 4 (iv) at the discretion of the court, the court may attribute or impute 5 income from[,] such other resources as may be available to the parent, 6 including, but not limited to: 7 (A) non-income producing assets, 8 (B) meals, lodging, memberships, automobiles or other perquisites that 9 are provided as part of compensation for employment to the extent that 10 such perquisites constitute expenditures for personal use, or which 11 expenditures directly or [indirecly] indirectly confer personal economic 12 benefits, 13 (C) fringe benefits provided as part of compensation for employment, 14 and 15 (D) money, goods, or services provided by relatives and friends; 16 In determining the amount of income that may be attributed or imputed, 17 the court shall consider the specific circumstances of the parent, to 18 the extent known, including such factors as the parent's assets, resi- 19 dence, employment and earning history, job skills, educational attain- 20 ment, literacy, age, health, criminal record and other employment barri- 21 ers, record of seeking work, the local job market, the availability of 22 employers willing to hire the parent, prevailing earnings level in the 23 local community, and other relevant background factors such as the age, 24 number, needs, and care of the children covered by the child support 25 order. Attribution or imputation of income shall be accompanied by 26 specific written findings identifying the basis or bases for such deter- 27 mination utilizing factors required or permitted to be considered pursu- 28 ant to this clause; 29 § 3. Paragraph (k) of subdivision 1 of section 413 of the family court 30 act, as amended by chapter 567 of the laws of 1989, is amended to read 31 as follows: 32 (k) When a party has defaulted and/or the court is otherwise presented 33 with insufficient evidence to determine gross income, [the court shall34order child support based upon the needs or standard of living of the35child, whichever is greater] the support obligation shall be based on 36 available information about the specific circumstances of the parent, in 37 accordance with clause (iv) of subparagraph five of paragraph (b) of 38 this subdivision. Such order may be retroactively modified upward, with- 39 out a showing of change in circumstances. 40 § 4. Paragraph (k) of subdivision 1-b of section 240 of the domestic 41 relations law, as added by chapter 567 of the laws of 1989, is amended 42 to read as follows: 43 (k) When a party has defaulted and/or the court is otherwise presented 44 with insufficient evidence to determine gross income, [the court shall45order child support based upon the needs or standard of living of the46child, whichever is greater] the support obligation shall be based on 47 available information about the specific circumstances of the parent, in 48 accordance with clause (iv) of subparagraph five of paragraph (b) of 49 this subdivision. Such order may be retroactively modified upward, with- 50 out a showing of change in circumstances. 51 § 5. Clause (v) of subparagraph 5 of paragraph (b) of subdivision 1 of 52 section 413 of the family court act, as amended by chapter 313 of the 53 laws of 2019, is amended to read as follows: 54 (v) an amount imputed as income based upon the parent's former 55 resources or income, if the court determines that a parent has reduced 56 resources or income in order to reduce or avoid the parent's obligationS. 9015 3 1 for child support; provided that incarceration shall not be considered 2 voluntary unemployment[, unless such incarceration is the result of3non-payment of a child support order, or an offense against the custo-4dial parent or child who is the subject of the order or judgment]; 5 § 6. Clause (v) of subparagraph 5 of paragraph (b) of subdivision 1-b 6 of section 240 of the domestic relations law, as amended by chapter 313 7 of the laws of 2019, is amended to read as follows: 8 (v) an amount imputed as income based upon the parent's former 9 resources or income, if the court determines that a parent has reduced 10 resources or income in order to reduce or avoid the parent's obligation 11 for child support; provided that incarceration shall not be considered 12 voluntary unemployment[, unless such incarceration is the result of13non-payment of a child support order, or an offense against the custo-14dial parent or child who is the subject of the order or judgment]; 15 § 7. Paragraph (a) of subdivision 3 of section 451 of the family court 16 act, as amended by chapter 313 of the laws of 2019, is amended to read 17 as follows: 18 (a) The court may modify an order of child support, including an order 19 incorporating without merging an agreement or stipulation of the 20 parties, upon a showing of a substantial change in circumstances. 21 Incarceration shall not be considered voluntary unemployment and shall 22 not be a bar to finding a substantial change in circumstances [provided23such incarceration is not the result of non-payment of a child support24order, or an offense against the custodial parent or child who is the25subject of the order or judgment]. 26 § 8. Clause (i) of subparagraph 2 of paragraph b of subdivision 9 of 27 part B of section 236 of the domestic relations law, as amended by chap- 28 ter 313 of the laws of 2019, is amended to read as follows: 29 (i) The court may modify an order of child support, including an order 30 incorporating without merging an agreement or stipulation of the 31 parties, upon a showing of a substantial change in circumstances. 32 Incarceration shall not be considered voluntary unemployment and shall 33 not be a bar to finding a substantial change in circumstances [provided34such incarceration is not the result of non-payment of a child support35order, or an offense against the custodial parent or child who is the36subject of the order or judgment]. 37 § 9. This act shall take effect immediately, and shall apply to any 38 action or proceeding pending upon or commenced on or after such effec- 39 tive date.