Directs that a certain annual service fee of twenty-five dollars between the custodial and noncustodial parent be evenly distributed.
Ayes (36): DeFrancisco, Bonacic, Farley, Flanagan, Fuschillo, Golden, Griffo, Grisanti, Hannon, Lanza, Larkin, LaValle, Little, Marcellino, Nozzolio, O'Mara, Ranzenhofer, Robach, Savino, Seward, Young, Krueger, Diaz, Dilan, Rivera, Gianaris, Breslin, Montgomery, Parker, Peralta, Perkins, Stavisky, Squadron, Kennedy, Espaillat, Sampson
Ayes (61): Adams, Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Lanza, Larkin, Latimer, LaValle, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Excused (2): Krueger, Libous
TITLE OF BILL: An act to amend the social services law, in relation to evenly distributing a certain annual service fee between the custodial and noncustodial parent
PURPOSE: Directs that a certain annual service fee between the custodial and noncustodial parent be evenly distributed.
SUMMARY OF PROVISIONS: Paragraph (a) of subdivision 3 of section 111-g of the social services law, as added by section 1 of part Z of chapter 57 of the laws of 2008, is amended.
JUSTIFICATION: In 2005, the federal government enacted the Federal Deficit Reduction Act of 2005 where by a $25 fee was imposed on child support payments. The fee is collected after the custodial parent has received $500 in support payments for the year, the federal government keeps two-thirds of the fee and the state and local governments keep the rest. States were given a choice as to how to collect the fee; pay the amount of what each fee would generate in said state or choose which parent, custodial or noncustodial, to recoup the fee from. New York has chosen to collect the fee from the parent who receives the support payments.
Many single parents across the state rely on child support payments as a means to live. Especially in these difficult economic times, families are being forced to make hard financial decisions. It is the goal of this legislation not to place the entire financial obligation of this fee on the custodial parent, but rather divide the collection of the fee between the custodial and noncustodial parent.
LEGISLATIVE HISTORY: 2011-12: A.515/S.816 Passed Senate; Remained in Assembly Social Services Committee 2009-10: A.3959/S.1389; Remained in Social Services Committee
To be determined.
EFFECTIVE DATE: This act shall take effect on the ninetieth day after it shall have become a law; provided however, that effective immediately, the addition, amendment, and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.
STATE OF NEW YORK ________________________________________________________________________ S. 783 A. 139 2013-2014 Regular Sessions S E N A T E - A S S E M B L Y (PREFILED) January 9, 2013 ___________IN SENATE -- Introduced by Sens. LAVALLE, MARTINS -- read twice and ordered printed, and when printed to be committed to the Committee on Social Services IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once and referred to the Committee on Social Services AN ACT to amend the social services law, in relation to evenly distrib- uting a certain annual service fee between the custodial and noncusto- dial parent THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (a) of subdivision 3 of section 111-g of the social services law, as added by section 1 of part Z of chapter 57 of the laws of 2008, is amended to read as follows: (a) A person who is receiving child support services pursuant to this section who has never received assistance pursuant to title IV-A of the federal social security act shall be subject to an annual service fee of twenty-five dollars for each child support case if at least five hundred dollars of support has been collected in the federal fiscal year. Where a custodial parent has children with different noncustodial parents, the order payable by each noncustodial parent shall be a separate child support case for the purpose of imposing an annual service fee. The fee shall be
[deducted from child support payments received on behalf of]EVENLY DISTRIBUTED BETWEEN the individual receiving services AND THE NONCUSTODIAL PARENT. S 2. This act shall take effect on the ninetieth day after it shall have become a law; provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01634-01-3