S4091B-2011 Actions

• Jun 16, 2011: SUBSTITUTED BY A7794A
• Jun 13, 2011: AMENDED ON THIRD READING 4091B
• Jun 6, 2011: ADVANCED TO THIRD READING
• Jun 2, 2011: 2ND REPORT CAL.
• Jun 1, 2011: 1ST REPORT CAL.913
• May 23, 2011: PRINT NUMBER 4091A
• May 23, 2011: AMEND AND RECOMMIT TO JUDICIARY
• Mar 17, 2011: REFERRED TO JUDICIARY

S4091B-2011 Calendars

S4091B-2011 Votes

S4091B-2011 Memo

BILL NUMBER:S4091

TITLE OF BILL:
An act
to amend the family court act and the
social services law, in relation to
orders for child support obligors to seek employment or participate in
job training, employment counseling or other available programs designed
to lead to employment

This is one in a series of measures being introduced at the request of
the Chief Administrative Judge Upon the recommendation of her Family
Court Advisory and Rules Committee.

Chapter 182 of the Laws of 2010 added a new section 437-a to the
Family Court Act authorizing Family Court to require individuals who
are liable for child support, other than those who are receiving
supplemental security income or social security disability benefits,
to seek employment or to participate in job training, employment
counseling or other available programs designed to lead to
employment. This salutary provision adds to the tools available to
Family Court to enhance the collection of child support for the
benefit of children and families. However, in two respects, the new
statute is unnecessarily limiting, that is, in the individuals
covered by the law and in the phases of child support proceedings to
which the law applies. This measure would remove these limitations.

First, the measure would substitute the phrase "support obligor" for
the term "respondent" in both Family Court Act �437-a and Social
Services Law � 111-h, since the parent liable for child support is
not always the respondent in the proceeding before Family Court.
Family Court Act �437-a also would be amended to apply to both
underemployed and unemployed individuals. For example, a parent who
seeks a downward modification of his or her child support obligation
is deemed the petitioner in such an action. While alleging that he or
she is living in reduced circumstances, such a petitioner may not be
entirely unemployed. In determining whether a downward modification in
such a case is appropriate, the Court may well deem it helpful to
direct the parent to participate in employment-related activities
that will enhance the parent's ability to provide child support.
Significantly, the legislative history behind chapter 182 uses the
phrase "non-custodial parent," not respondent, indicating a
legislative intent that the statute not be limited in scope to
respondents. See Legislative Memorandum in Support of A.8952 [2010].
Moreover, the Federal requirement for states to have procedures in
place for issuance of employment-related orders applies to
individuals who owe "overdue" child support, not simply respondents
in child support proceedings. See 42 U.S.C.A. �666(a)(15).

Second, the measure would amend section 437-a to authorize
employment-related orders to be made in proceedings to modify or
enforce, as well as to establish, orders of child support and would
harmonize section 454 of the Family Court Act with the parameters of
the new statute. Family Court Act �437-a refers only to proceedings
to establish child support, thus implying that employment-related
directives may only be issued at the stage of issuance of an initial


order of child support. This creates an apparent inconsistency with
Family Court Act �454, which permits such orders to be made as a
remedy for violations of child support orders, and, as noted above,
with the Federal statutory requirement for states to authorize such
directives as remedies for overdue support payments: See 42 U.S.C.A.
�666(a)(15). Moreover, Family Court Act �437-a in its current form
fails to authorize such orders in proceedings in which support
obligors seek downward modifications of child support orders in which
they may, as mentioned, be extremely helpful. This measure would,
therefore, encompass modification and violation proceedings in the
authorization for employment-related directives and, with respect to
violation proceedings, would incorporate the
preclusion of such orders against individuals receiving
supplemental security income or social security disability benefits
contained in section 437-a into section 454 of the Family Court Act.

This measure, which would have no fiscal impact upon the State, would
take effect on the ninetieth day after it shall have become a law.

2011 LEGISLATIVE HISTORY:
None. New proposal.

EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall
have become a law.

S4091B-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 4091--B
 Cal. No. 913
 2011-2012 Regular Sessions
 I N  SENATE
 March 17, 2011
 
 Introduced by Sen. SAVINO -- (at request of the Office of Court Adminis
 tration)  --  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 commit
 tee -- reported favorably from said committee, ordered  to  first  and
 second  report,  ordered  to  a  third  reading,  amended  and ordered
 reprinted, retaining its place in the order of third reading
 

AN ACT to amend the family court act and the  social  services  law,  in
 relation  to  orders  for child support obligors to seek employment or
 participate in job training, employment counseling or other  available
 programs designed to lead to employment
 

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

 

Section 1.

Section 437-a of the family court act, as added by  chapter
 182 of the laws of 2010, is amended to read as follows:

 

S  437-a.  Referral  to work programs. In any proceeding to establish,
 DECREASE OR ENFORCE an order of support,  if  the  [respondent]  SUPPORT
 OBLIGOR  is  unemployed,  the court may require the [respondent] SUPPORT
 OBLIGOR to seek employment, or to participate in job  training,  employ
 ment  counseling  or  other  programs  designed  to  lead  to employment
 provided such programs are available. The court shall  not  require  the
 [respondent] SUPPORT OBLIGOR to seek employment or to participate in job
 training,  employment  counseling, or other programs designed to lead to
 employment under this section if the [respondent] SUPPORT OBLIGOR is  in
 receipt  of  supplemental  security income or social security disability
 benefits.
 

S 2.  Subdivision 2 of section 454 of the family court act is  amended
 by adding a new paragraph (i) to read as follows:

 (I) EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH (H) OF THIS SUBDIVISION,
 THE  COURT  MAY  REQUIRE  THE RESPONDENT TO PARTICIPATE IN JOB TRAINING,
 EMPLOYMENT COUNSELING OR OTHER PROGRAMS DESIGNED TO LEAD  TO  EMPLOYMENT
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD09518-06-1
 
       S. 4091--B                          2
 IF  AUTHORIZED  PURSUANT  TO SECTION FOUR HUNDRED THIRTY-SEVEN-A OF THIS
 ARTICLE PROVIDED SUCH PROGRAMS ARE AVAILABLE.
 

S  3.  Subdivision  20 of section 111-h of the social services law, as
 added by chapter 182 of the laws of 2010, is amended to read as follows:

 20. If the [respondent] SUPPORT OBLIGOR is required to participate  in
 work  programs  pursuant  to  section four hundred thirty-seven-a of the
 family court act, and the court enters an order of support on behalf  of
 the persons in receipt of public assistance, the support collection unit
 shall  not file a petition to increase the support obligation for twelve
 months from the date of entry of the order of support if  the  [respond-
 ent's]  SUPPORT  OBLIGOR'S  income is derived from participation in such
 programs.
 

S 4. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

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