S2479-2011 Actions

• Jan 4, 2012: REFERRED TO JUDICIARY
• Jun 3, 2011: PRINT NUMBER 2479A
• Jun 3, 2011: AMEND AND RECOMMIT TO JUDICIARY
• Jan 21, 2011: REFERRED TO JUDICIARY

S2479-2011 Meetings

S2479-2011 Memo

BILL NUMBER:S2479

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 OR GENERAL IDEA OF BILL:

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

SUMMARY OF SPECIFIC 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 accumulated child support
arrears equivalent to or greater then $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 non-compliant 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.

PRIOR LEGISLATIVE HISTORY:

2008:    S.6958A Judiciary Committee/A.9622A Judiciary Committee
2009-10:S.3665  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.

S2479-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         2479
 2011-2012 Regular Sessions
 I N  SENATE
 January 21, 2011
 
 Introduced  by Sen. FLANAGAN -- 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 ACCUMULATED CHILD SUPPORT ARREARS EQUIVALENT TO OR GREAT
 ER 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.
 LBD07310-01-1

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