Provides for accumulated child support arrears equivalent to or greater than ten thousand dollars to be punishable as a class E felony.
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.
STATE OF NEW YORK ________________________________________________________________________ 2479--A 2011-2012 Regular Sessions IN 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