NY State Senate Bill 2013-S4010

Senate Bill S4010

2013-2014 Legislative Session

Provides for a one-time 6 month stay of the enforcement of a child support order, when the payor is involuntarily terminated from employment

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 04, 2013	referred to judiciary

2013-S4010 (ACTIVE) - Details

Current Committee:: Senate Judiciary
Law Section:: General Obligations Law
Laws Affected:: Amd §3-503, Gen Ob L; add Part 5 Art 4 §450, amd §440, Fam Ct Act; amd Part B §236, Dom Rel L; add §101-b, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S1170
2011-2012: S3973

2013-S4010 (ACTIVE) - Summary

Provides for a one-time 6 month stay of the enforcement of a child support order, when the payor is involuntarily terminated from employment; provides payor must petition the family court for such a stay within 30 days of the termination of employment; requires payment of affordable child support during the period of the stay and that child support obligations will resume after end of stay; requires payor to participate in job training and placement programs.

2013-S4010 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4010

TITLE  OF  BILL:    An  act  to amend the general obligations law, the
family court act, the domestic relations law and the  social  services
law,  in relation to granting a person with child support obligations,
who involuntarily  had  his  or  her  employment  terminated,  with  a
temporary  stay  of  criminal,  civil and administrative penalties for
nonpayment of such obligations

PURPOSE OR GENERAL IDEA OF BILL:   If enacted this  legislation  would
grant  a  temporary  stay  of  an  order  of  support  when  a  person
involuntarily loses employment. Any person  under  obligation  to  pay
child support, who involuntarily has his or her employment terminated,
may, within thirty days of Such involuntary termination of employment,
petition, the court for a stay of the enforcement of the obligation to
pay  child  support and the enforcement of any and all civil, criminal
and administrative penalties for the failure to pay child support  for
a period of six months.

SUMMARY:

Section  1.  Any  person under an obligation to pay child support, who
involuntarily has his or her employment terminated, may, within thirty
day of such involuntary termination of employment, petition the  court
for  a  stay of the enforcement of the obligation to pay child support
and the enforcement of any and all civil, criminal and  administrative

penalties  for  the  failure  to pay child support for a period of six
months.

JUSTIFICATION:   In tough economic times,  job  security  is  a  major
concern   for  many  Americans.  As  companies  downsize  and  lay-off
employees as cost saving measures, the uncertainty of the economy; and
the uncertainty of employment, are  a  scary  reality  burdening  many
Americans.  When  someone  under  an  agreement  for  child support is
involuntarily terminated, it is a more difficult  time  because  these
individuals   face   potential  criminal,  civil,  and  administrative
penalties, for failure to  make  obligated  payments.  They  must  act
within  30  days of their termination or they forfeit this stay of the
order. This bill would allow for a  one-time  stay  in  child  support
obligations  for  a  period  of  six  months  for anyone involuntarily
terminated and only for just cause  shown.  Upon  the  filing  of  all
necessary  paperwork with all state agencies and patties involved, and
enrollment in a job-training program, the court shall grant  the  stay
of  child  support  payments.  At  the end of the six month period all
appropriate payments will become  due  and  the  court  shall  make  a
determination  on  the  appropriate amount. We should do all we can to
help non-custodial parents take care of their responsibilities without
unjustly punishing them for circumstances beyond their control.

PRIOR LEGISLATIVE HISTORY:  6/16/08 Referred to Judiciary S.1170  2010
Referred to Judiciary A.3333 2010 Referred to Judiciary

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE  DATE:    This act shall take effect on the first of January
next succeeding the  date  on  which  it  shall  have  become  a  law;


provided,  that,  effective  immediately,  any  rules  and regulations
necessary to implement the provisions of this  act  on  its  effective
date  are  authorized  and  directed to be completed on or before such
date.

2013-S4010 (ACTIVE) - Bill Text download pdf

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

                                  4010

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              March 4, 2013
                               ___________

Introduced  by  Sen.  ADAMS  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Judiciary

AN ACT to amend the general obligations law, the family court  act,  the
  domestic  relations  law  and  the social services law, in relation to
  granting a person with child support  obligations,  who  involuntarily
  had  his or her employment terminated, with a temporary stay of crimi-
  nal, civil and administrative penalties for nonpayment of  such  obli-
  gations

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

  Section 1. The opening paragraph of subdivision 3 of section 3-503  of
the  general  obligations  law, as amended by chapter 398 of the laws of
1997, is amended to read as follows:
  If the applicant is not under an obligation to pay child support,  the
agency  may  issue  or  renew such license. If the applicant is under an
obligation to pay child support and  is  not  four  months  or  more  in
arrears  in  the  payment  of  child support, or meets the conditions of
paragraphs b, c and d of this subdivision, the agency may issue or renew
such license.  [If] EXCEPT AS OTHERWISE PROVIDED IN SECTION FOUR HUNDRED
FIFTY OF THE FAMILY COURT ACT, IF the applicant does not meet one of the
above requirements, the agency may issue or renew such license but  such
license shall expire in six months unless before that time the applicant
submits  a  written  certification under oath, duly sworn and subscribed
that he or she:
  S 2. Part 5 of article 4 of the family court act is amended by  adding
a new section 450 to read as follows:
  S  450.  TEMPORARY  STAY  OF  AN ORDER OF SUPPORT; INVOLUNTARY LOSS OF
EMPLOYMENT. 1. ANY PERSON UNDER AN OBLIGATION TO PAY CHILD SUPPORT,  WHO
INVOLUNTARILY  HAS  HIS OR HER EMPLOYMENT TERMINATED, MAY, WITHIN THIRTY
DAYS OF SUCH INVOLUNTARY TERMINATION OF EMPLOYMENT, PETITION  THE  COURT
FOR A STAY OF THE ENFORCEMENT OF THE OBLIGATION TO PAY CHILD SUPPORT AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06057-01-3

S. 4010                             2

THE ENFORCEMENT OF ANY AND ALL CIVIL, CRIMINAL AND ADMINISTRATIVE PENAL-
TIES  FOR  THE  FAILURE TO PAY CHILD SUPPORT FOR A PERIOD OF SIX MONTHS.
THE COURT SHALL GRANT SUCH A PETITION TO ANY PERSON ONLY  ONCE  AND  FOR
GOOD CAUSE SHOWN. ANY PETITIONER WHO FAILS TO SUBMIT HIS OR HER PETITION
IN  A  TIMELY  MANNER  SHALL  FORFEIT HIS OR HER RIGHT TO APPLY THEREFOR
PURSUANT TO THIS SECTION.
  2. UPON THE GRANTING OF A TEMPORARY STAY PURSUANT TO THIS SECTION  AND
DURING THE DURATION OF SUCH STAY:
  (A)  ANY  CRIMINAL  PROCEEDING COMMENCED PURSUANT TO SECTION 260.05 OR
260.06 OF THE PENAL LAW SHALL BE DISMISSED;
  (B) NO LICENSE SHALL BE DENIED PURSUANT TO SECTION 3-503 OF THE GENER-
AL OBLIGATIONS LAW;
  (C) THE OBLIGATION TO PAY CHILD  SUPPORT  PURSUANT  TO  A  PREEXISTING
COURT  ORDER  SHALL BE STAYED, AND NO INTEREST OR PENALTY FOR FAILURE TO
PAY SUCH SUPPORT SHALL ACCRUE. HOWEVER, UPON EXPIRATION OF A STAY GRANT-
ED PURSUANT TO THIS SECTION, THE CHILD SUPPORT NOT PAID DURING THE  STAY
SHALL BECOME DUE;
  (D)  THE  COURT  SHALL  DETERMINE  AND  ORDER THE PETITIONER TO PAY AN
AMOUNT OF CHILD SUPPORT AS THE COURT FINDS THAT IS JUST AND APPROPRIATE,
AND THAT THE PETITIONER CAN REASONABLY AFFORD TO PAY;
  (E) THE COURT  SHALL  ORDER  THE  PETITIONER  TO  PARTICIPATE  IN  AND
SUCCESSFULLY  COMPLETE  APPROPRIATE JOB TRAINING AND PLACEMENT PROGRAMS;
AND
  (F) THE COURT SHALL PROVIDE NOTICE OF  SUCH  STAY  TO  ALL  INTERESTED
PARTIES,  INCLUDING THE DISTRICT ATTORNEY AND THE CHILD SUPPORT ENFORCE-
MENT UNIT.
  S 3. Paragraph (b) of subdivision 4 of section 440 of the family court
act, as added by chapter 182 of the laws of 2010, is amended to read  as
follows:
  (b) informing the parties of their right to seek a modification of the
child support order upon a showing of:
  (i) a substantial change in circumstances; or
  (ii)  that  three  years have passed since the order was entered, last
modified or adjusted; or
  (iii) there has been a  change  in  either  party's  gross  income  by
fifteen  percent  or more since the order was entered, last modified, or
adjusted;
however, if the parties have specifically opted out of subparagraph (ii)
or (iii) of this paragraph in a validly  executed  agreement  or  stipu-
lation, then that basis to seek modification does not apply[.], AND
  (C)  INFORMING THE RESPONDENT THAT HE OR SHE MAY, UPON THE INVOLUNTARY
TERMINATION OF HIS OR HER EMPLOYMENT, ON A ONE-TIME BASIS, APPLY  FOR  A
SIX  MONTH STAY OF THE ENFORCEMENT OF THE ORDER PURSUANT TO SECTION FOUR
HUNDRED FIFTY OF THIS ARTICLE.
  S 4. Subdivision 7 of part B of section 236 of the domestic  relations
law is amended by adding a new paragraph e to read as follows:
  E.  ANY  CHILD SUPPORT ORDER MADE BY THE COURT IN ANY PROCEEDING UNDER
THE PROVISIONS OF THIS SECTION SHALL INCLUDE,  ON  ITS  FACE,  A  NOTICE
PRINTED OR TYPEWRITTEN IN A SIZE EQUAL TO AT LEAST EIGHT POINT BOLD TYPE
INFORMING THE RESPONDENT THAT HE OR SHE MAY, UPON THE INVOLUNTARY TERMI-
NATION  OF  HIS  OR HER EMPLOYMENT, ON A ONE-TIME BASIS, APPLY FOR A SIX
MONTH STAY OF THE ENFORCEMENT OF THE  ORDER  PURSUANT  TO  SECTION  FOUR
HUNDRED FIFTY OF THE FAMILY COURT ACT.
  S  5. The social services law is amended by adding a new section 101-b
to read as follows:

S. 4010                             3

  S 101-B. PUBLIC EDUCATION; TEMPORARY STAY OF AN ORDER OF SUPPORT.  THE
COMMISSIONER  OF  TEMPORARY  AND DISABILITY ASSISTANCE SHALL DEVELOP AND
IMPLEMENT A PUBLIC EDUCATION PROGRAM TO PROVIDE NOTICE OF THE PROVISIONS
OF SECTION FOUR HUNDRED FIFTY OF THE FAMILY COURT ACT  RELATING  TO  THE
GRANTING OF A TEMPORARY STAY OF THE OBLIGATION TO PAY CHILD SUPPORT UPON
THE INVOLUNTARY TERMINATION OF EMPLOYMENT.
  S  6. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law; provided, that, effec-
tive immediately, any rules and regulations necessary to  implement  the
provisions of this act on its effective date are authorized and directed
to be completed on or before such date.

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