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

                                  2890

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 21, 2009
                               ___________

Introduced  by  M.  of  A.  KOLB,  BURLING,  WALKER, ERRIGO, P. LOPEZ --
  Multi-Sponsored by -- M. of  A.  BACALLES,  CALHOUN,  CORWIN,  CROUCH,
  GIGLIO,  HAWLEY,  THIELE -- read once and referred to the Committee on
  Social Services

AN ACT to amend the social services law, in  relation  to  enacting  the
  "New York state national guard and reserves child support modification
  act of 2009"

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

  Section 1. This act shall be known and may be cited as the  "New  York
state  national  guard  and  reserves  child support modification act of
2009".
  S 2. Legislative findings and intent.  Since 2001, men and  women  who
make up New York state's national guard and reserves have been called up
to  active  duty  in both Iraq and Afghanistan.  Often, such active duty
results in the loss of salary or a portion of a salary for the  individ-
ual  due  to the difference in pay between their civilian employment and
the military pay based on their rank.  In cases where the member  called
up  to  active duty is a non-custodial parent, the difference in pay may
make it difficult for the individual to meet his or  her  child  support
obligations.    Unfortunately, the non-custodial parent may find himself
or herself in arrears which can lead to penalties, such as the  loss  of
driving  privileges.    In  order  to avoid situations such as this, the
legislature seeks to create a program that will  address  and  alleviate
these problems.
  S  3. The social services law is amended by adding a new section 106-d
to read as follows:
  S 106-D. CHILD SUPPORT MILITARY MODIFICATION  PROGRAM.  1.    NOTWITH-
STANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE COMMISSIONER OF
THE  OFFICE  OF TEMPORARY AND DISABILITY ASSISTANCE, IN CONJUNCTION WITH
THE DIVISION OF MILITARY AND NAVAL  AFFAIRS,  SHALL  ESTABLISH  A  CHILD

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03756-01-9
              

A. 2890                             2

SUPPORT  MILITARY  MODIFICATION PROGRAM (CSMM) UNDER THE AUSPICES OF THE
DISTRICT CHILD SUPPORT ENFORCEMENT  UNITS.    THE  COMMISSIONER  OF  THE
OFFICE  OF TEMPORARY AND DISABILITY ASSISTANCE SHALL ESTABLISH A PROGRAM
TO  MODIFY  THE  CHILD  SUPPORT PAID BY ANY MEMBER OF THE NEW YORK STATE
ORGANIZED MILITIA OR RESERVES OF THE UNITED STATES ARMED  FORCES  CALLED
UP  TO  ACTIVE  DUTY  FOR MORE THAN THIRTY CONTINUOUS DAYS IN SUPPORT OF
MILITARY  OPERATIONS  OVERSEAS  OR  IN  THE  CONUS  (CONTINENTAL  UNITED
STATES).  THIS  SHALL  NOT  INCLUDE SERVICE DURING TRAINING EXERCISES OR
MOBILIZATION FOR FEDERAL OR STATE DISASTER RELIEF PROJECTS.
  2. THE COMMISSIONER OF THE OFFICE OF TEMPORARY AND DISABILITY  ASSIST-
ANCE  SHALL  ESTABLISH FOR USE BY THE DISTRICT CHILD SUPPORT ENFORCEMENT
UNITS AN APPLICATION FORM FOR MEMBERS OF THE NEW  YORK  STATE  ORGANIZED
MILITIA AND RESERVES WHO WISH TO PARTICIPATE IN THE CSMM PROGRAM AND WHO
MEET  THE  DEPLOYMENT  CRITERIA.   SUCH APPLICATION SHALL INCLUDE A FORM
THAT THE APPLICANT MUST COMPLETE AND SIGN AUTHORIZING THE CHILD  SUPPORT
ENFORCEMENT UNIT TO OBTAIN INCOME INFORMATION FROM THE APPLICANT'S MILI-
TARY  EMPLOYER.   THIS APPLICATION SHALL BE MADE AVAILABLE ON THE OFFICE
OF TEMPORARY AND DISABILITY ASSISTANCE'S WEBSITE  AND  AT  ALL  MILITARY
MOBILIZATION  CENTERS.  APPLICATIONS FOR SUCH PROGRAM SHALL BE SUBMITTED
BY THE APPLICANT TO THE CHILD SUPPORT ENFORCEMENT UNIT OR AT HIS OR  HER
MOBILIZATION CENTER TO THE OFFICER-IN-CHARGE, WHO THEN SHALL FORWARD THE
APPLICATION TO THE CHILD SUPPORT ENFORCEMENT UNIT.
  3.  IF  THE  CHILD SUPPORT ENFORCEMENT UNIT DETERMINES THAT THE APPLI-
CANT'S MILITARY INCOME WILL  VARY  SIGNIFICANTLY  FROM  THE  APPLICANT'S
CIVILIAN INCOME AND THE APPLICANT IS PAYING COURT-ORDERED CHILD SUPPORT,
THE  UNIT  SHALL SEEK A TEMPORARY MODIFICATION IN THE CHILD SUPPORT PAID
BY THE APPLICANT DURING HIS OR HER MILITARY  ACTIVE  DUTY  BY  FILING  A
MOTION ON BEHALF OF THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE IN
THE COURT IN WHICH THE CHILD SUPPORT WAS ENTERED.  THE MOTION SHALL SEEK
TO MODIFY THE CHILD SUPPORT PAID BY THE APPLICANT BY THE SAME PROPORTION
THAT  THE  APPLICANT'S MILITARY PAY VARIES FROM HIS OR HER CIVILIAN PAY.
IF THE MOTION TO MODIFY IS GRANTED, THE CHILD SUPPORT SHALL BE  ADJUSTED
APPROPRIATELY  AND BE DEEMED TO BE IN FULL FORCE AND EFFECT.  THE TEMPO-
RARY MODIFICATION PERIOD SHALL APPLY TO THE SUPPORT OBLIGATIONS  OF  THE
NON-CUSTODIAL  PARENT ON THE DATE OF THEIR ACTIVATION AND SHALL CONTINUE
AT SUCH LEVEL FOR THE DURATION OF THEIR ACTIVE DUTY DEPLOYMENT  AND  FOR
SIXTY  DAYS THEREAFTER FOLLOWING THEIR DEACTIVATION.  UPON EXPIRATION OF
THE TEMPORARY SUPPORT ORDER  THE  CHILD  SUPPORT  COURT-ORDER  PRIOR  TO
DEPLOYMENT SHALL BE DEEMED TO BE IN FULL FORCE AND EFFECT.
  4.  THE COMMISSIONER OF THE OFFICE OF TEMPORARY AND DISABILITY ASSIST-
ANCE SHALL PROMULGATE ANY RULES AND REGULATIONS NECESSARY TO ENABLE  THE
CHILD  SUPPORT  ENFORCEMENT UNIT TO CARRY OUT THE CHILD SUPPORT MILITARY
MODIFICATION PROGRAM.
  S 4. This act shall take effect immediately.