Provides for accumulated child support arrears equivalent to or greater than ten thousand dollars to be punishable as a class E felony.

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S2479A-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

S2479A-2011 Memo

BILL NUMBER:S2479A

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

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.

S2479A-2011 Text

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

                                   2479--A

                         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  --  committee
    discharged, bill amended, ordered reprinted as amended and recommitted
    to said committee

  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.
                                                             LBD07310-02-1