NY State Senate Bill 2013-S2005

Senate Bill S2005

2013-2014 Legislative Session

Requires reduction of a parent's child support obligation by the amount of social security dependent benefits received by the child

download bill text pdf

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2014	referred to judiciary
Jan 09, 2013	referred to judiciary

co-Sponsors

2013-S2005 (ACTIVE) - Details

See Assembly Version of this Bill:: A1888
Current Committee:: Senate Judiciary
Law Section:: Family Court Act
Laws Affected:: Amd §413, Fam Ct Act; amd §240, Dom Rel L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A9210
2011-2012: S4547, A7070
2015-2016: S796, A655
2017-2018: S4017, A8716
2019-2020: A7004
2021-2022: A5813

2013-S2005 (ACTIVE) - Summary

Requires reduction of a parent's child support obligation by the amount of social security dependent benefits received by the child.

2013-S2005 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2005

TITLE  OF  BILL:   An act to amend the family court act and the domestic
relations law, in relation to reducing a parent's  child  support  obli-
gation  by  the amount of social security dependent benefits received by
the child

PURPOSE OR GENERAL IDEA OF BILL:   Requires a reduction  of  a  parent's
child  support  obligation  by  the  amount of social security dependent
benefits received by the child.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Subparagraph of paragraph (b) of subdivision 1 of section 413
of the family court act, as amended by chapter 567 of the laws of  1989,
is amended

Section  2.  Clause (iii) of subparagraph 5 of paragraph (b) of subdivi-
sion 1 of section 413 of the family court act, as amended by chapter 567
of the laws of 1989, is amended;

Section 3. Paragraph (c) of subdivision 1 of section 413 of  the  family
court act is amended by adding a new subparagraph 8;

Section 4. Subparagraph 1 of paragraph (b) of subdivision 1-b of section
240  of  the domestic relations law, as added by chapter 567 of the laws

of 1989, is amended;

Section 5. Clause (iii) of subparagraph 5 of paragraph (b)  of  subdivi-
sion 1-b of section 240 of the domestic relations law, as added by chap-
ter 567 of the laws of 1989, is amended;

Section 6. Paragraph (c) of subdivision 1-b of section 240 of the domes-
tic relations law is amended by adding a new subparagraph 8;

Section 7. Effective Date.

JUSTIFICATION:   There are many instances in New York State where a non-
custodial parent is paying child support, mandated by a court order, and
Social Security Benefit payments are not counted  against  the  Support.
Some  states  have created laws where the Social Security Benefit counts
dollar for dollar against a non-custodial parent's obligation to support
his or her child. This bill would not grant an automatic  child  support
payment  reduction  by  the  non-custodial  parent where Social Security
Benefits are received. The non-custodial parent would have to  seek  the
reduction  through  the mandated court order where child support payment
amounts are specifically spelled out. This can  happen  at  the  initial
child support agreement or relief can be sought if benefits are received
after the date of the agreement.

PRIOR LEGISLATIVE HISTORY:  2011-12: A.7070/S.4547 2010: A.9210

FISCAL IMPLICATIONS:  None to the state.

EFFECTIVE DATE:  This act shall take effect immediately.

2013-S2005 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 2005                                                  A. 1888

                       2013-2014 Regular Sessions

                      S E N A T E - A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Judiciary

IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
  to the Committee on Judiciary

AN ACT to amend the family court act and the domestic relations law,  in
  relation to reducing a parent's child support obligation by the amount
  of social security dependent benefits received by the child

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

  Section 1. Subparagraph 1 of paragraph (b) of subdivision 1 of section
413 of the family court act, as amended by chapter 567 of  the  laws  of
1989, is amended to read as follows:
  (1)  "Basic  child  support  obligation" shall mean the sum derived by
adding the amounts determined by the application  of  subparagraphs  two
and  three  of  paragraph  (c)  of  this subdivision except as increased
pursuant to subparagraphs four, five, six and seven  of  such  paragraph
AND DECREASED PURSUANT TO SUBPARAGRAPH EIGHT OF SUCH PARAGRAPH.
  S  2. Clause (iii) of subparagraph 5 of paragraph (b) of subdivision 1
of section 413 of the family court act, as amended by chapter 567 of the
laws of 1989, is amended to read as follows:
  (iii) to the extent not already included in gross  income  in  clauses
(i)  and (ii) of this subparagraph, the amount of income or compensation
voluntarily deferred and income received, if  any,  from  the  following
sources:
  (A) workers' compensation,
  (B) disability benefits,
  (C) unemployment insurance benefits,
  (D) social security benefits,
  (E) veterans benefits,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD06162-01-3

S. 2005                             2                            A. 1888

  (F) pensions and retirement benefits,
  (G) fellowships and stipends, [and]
  (H) annuity payments[;], AND
  (I)  SOCIAL SECURITY DEPENDENT BENEFITS RECEIVED BY THE CHILD OR CHIL-
DREN DUE TO THE EARNINGS OF THE PARENT;
  S 3. Paragraph (c) of subdivision 1 of section 413 of the family court
act is amended by adding a new subparagraph 8 to read as follows:
  (8) SOCIAL SECURITY BENEFITS RECEIVED BY THE CHILD OR CHILDREN DUE  TO
THE  EARNINGS  OF  A  PARENT  SHALL  BE CREDITED AS CHILD SUPPORT TO THE
PARENT UPON WHOSE EARNING RECORD IT IS BASED.
  S 4. Subparagraph 1 of paragraph (b) of subdivision 1-b of section 240
of the domestic relations law, as added by chapter 567 of  the  laws  of
1989, is amended to read as follows:
  (1)  "Basic  child  support  obligation" shall mean the sum derived by
adding the amounts determined by the application  of  subparagraphs  two
and  three  of  paragraph  (c)  of  this subdivision except as increased
pursuant to subparagraphs four, five, six and seven  of  such  paragraph
AND DECREASED PURSUANT TO SUBPARAGRAPH EIGHT OF SUCH PARAGRAPH.
  S  5.  Clause  (iii) of subparagraph 5 of paragraph (b) of subdivision
1-b of section 240 of the domestic relations law, as  added  by  chapter
567 of the laws of 1989, is amended to read as follows:
  (iii)  to  the  extent not already included in gross income in clauses
(i) and (ii) of this subparagraph, the amount of income or  compensation
voluntarily  deferred  and  income  received, if any, from the following
sources:
  (A) workers' compensation,
  (B) disability benefits,
  (C) unemployment insurance benefits,
  (D) social security benefits,
  (E) veterans benefits,
  (F) pensions and retirement benefits,
  (G) fellowships and stipends, [and]
  (H) annuity payments[;], AND
  (I) SOCIAL SECURITY DEPENDENT BENEFITS RECEIVED BY THE CHILD OR  CHIL-
DREN DUE TO THE EARNINGS OF THE PARENT;
  S  6.  Paragraph (c) of subdivision 1-b of section 240 of the domestic
relations law is amended by adding a  new  subparagraph  8  to  read  as
follows:
  (8)  SOCIAL SECURITY BENEFITS RECEIVED BY THE CHILD OR CHILDREN DUE TO
THE EARNINGS OF A PARENT SHALL BE  CREDITED  AS  CHILD  SUPPORT  TO  THE
PARENT UPON WHOSE EARNING RECORD IT IS BASED.
  S 7. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S2005

Share this bill

Sponsored By

Kenneth P. LaValle