S1453-2013 Actions

• Jan 9, 2013: REFERRED TO JUDICIARY

S1453-2013 Memo

BILL NUMBER:S1453

TITLE  OF BILL:   An act to amend the family court act, in relation to
enforcement and punishment for failure to make child support payments

PURPOSE:
Provides for  accumulated  child  support  arrears  equivalent  to  or
greater than $10,000 to be punishable as a class E felony.

SUMMARY OF PROVISIONS:
An  act  to  amend  the  Family  Court  Act by adding a new �458-d. In
addition to the relief granted for failure to comply with an order  of
support  pursuant  to  the  article,  an  aggrieved  party may make an
application pursuant to the provision of �756 of the Judiciary Law  to
punish  the  respondent  for  contempt and where the judgment or order
directs payment to be made in installments, or  at  stated  intervals,
failure  to  make  such  payments may be punished therein provided and
such punishment, either by fine or commitment, shall not be a bar to a
subsequent proceeding to punish the  respondent  for  a  contempt  for
failure  to  pay  subsequent  installments;  provided,  however if the
respondent has willfully accumulated child support arrears  equivalent
to  or greater than $10,000, the respondent shall be guilty of a class
E felony punishable in accordance with the Penal Law.

JUSTIFICATION:
Custodial parents trying to raise their children are often faced  with
a  noncompliant  non-custodial parent, who does not pay their share of
child support. Child support is not a luxury but a  means  to  provide
for a child's basic needs. Failure to comply with paying child support
is  a  form of child neglect and in extreme cases over $10,000, should
be guilty of a class E felony punishable in accordance with the  penal
code.  Due  to the class E felony distinction, the County Sheriff will
have the jurisdiction to extradite non  custodial  parents  that  have
accumulated over $10,000 in arrears and have left the state.

LEGISLATIVE HISTORY:
2008:    S.6958A Judiciary Committee/A.9622A Judiciary committee
2009-10: S.3665  Judiciary Committee
2011-12: S.2479-A Judiciary Committee

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding
the on which it shall have become law.

S1453-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         1453
 2013-2014 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 9, 2013
 
 Introduced  by Sens. FLANAGAN, LARKIN -- 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  enforcement  and
 punishment for failure to make child support payments
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. The family court act is amended by  adding  a  new  section
 458-d to read as follows:

 

S  458-D.  ENFORCEMENT  OF ARREARS; ADDITIONAL PENALTY. IN ADDITION TO
 THE RELIEF GRANTED FOR FAILURE TO COMPLY WITH AN ORDER OF SUPPORT PURSU
 ANT TO THIS ARTICLE, AN AGGRIEVED PARTY MAY MAKE AN APPLICATION PURSUANT
 TO THE PROVISION OF SECTION SEVEN HUNDRED FIFTY-SIX OF THE JUDICIARY LAW
 TO PUNISH A RESPONDENT FOR CONTEMPT, AND WHERE  THE  JUDGMENT  OR  ORDER
 DIRECTS  PAYMENT  TO  BE  MADE  IN INSTALLMENTS, OR AT STATED INTERVALS,
 FAILURE TO MAKE SUCH PAYMENTS OR INSTALLMENT MAY BE PUNISHED AS  THEREIN
 PROVIDED AND SUCH PUNISHMENT, EITHER BY FINE OR COMMITMENT, SHALL NOT BE
 A BAR TO A SUBSEQUENT PROCEEDING TO PUNISH THE RESPONDENT FOR A CONTEMPT
 FOR  FAILURE  TO  PAY  SUBSEQUENT INSTALLMENTS; PROVIDED, HOWEVER IF THE
 RESPONDENT HAS WILLFULLY ACCUMULATED CHILD SUPPORT ARREARS EQUIVALENT TO
 OR GREATER THAN TEN THOUSAND DOLLARS, THE RESPONDENT SHALL BE GUILTY  OF
 A CLASS E FELONY PUNISHABLE IN ACCORDANCE WITH THE PENAL LAW.
 

S 2. This act shall take effect on the first of November next succeed
 ing  the date on which it shall have become a law and shall apply to any
 judgment entered or fine or penalty imposed on any arrears accrued on or
 after such date.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05630-01-3

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