NY State Senate Bill 2009-S1170

Senate Bill S1170

2009-2010 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to judiciary
Jan 27, 2009	referred to judiciary

2009-S1170 (ACTIVE) - Details

See Assembly Version of this Bill:: A3333
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:: 2011-2012: S3973, A4027
2013-2014: S4010, A2890

2009-S1170 (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.

2009-S1170 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1170

 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

 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.

2009-S1170 (ACTIVE) - Bill Text download pdf

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

    S. 1170                                                  A. 3333

                       2009-2010 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            January 27, 2009
                               ___________

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

IN  ASSEMBLY -- Introduced by M. of A. CAMARA, ROBINSON, BENJAMIN, REIL-
  LY, WRIGHT, COOK, MAISEL, PRETLOW -- read once  and  referred  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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05686-01-9

S. 1170                             2                            A. 3333

  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
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. Subdivision 4 of section 440 of the family court act, as  amended
by chapter 398 of the laws of 1997, is amended to read as follows:
  4.  Any  support  order  made by the court in any proceeding under the
provisions of article five-B of this act, pursuant to a  reference  from
the  supreme  court  under section two hundred fifty-one of the domestic
relations law or under the provisions of article four, five or five-A of
this act shall include, on its face, a notice printed or typewritten  in
a size equal to at least eight point bold type:
  (A)  informing the respondent that a willful failure to obey the order
may, after court hearing, result in commitment to jail for a term not to
exceed six months for contempt of court[.]; AND
  (B) 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 d to read as follows:
  D. 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. 1170                             3                            A. 3333

  S 5. The social services law is amended by adding a new section  101-b
to read as follows:
  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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