Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Mar 12, 2012 |
committee discharged and committed to rules |
Feb 21, 2012 |
notice of committee consideration - requested |
Jan 04, 2012 |
referred to children and families |
Jan 10, 2011 |
referred to children and families |
Senate Bill S1603
2011-2012 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - In Senate Committee Rules 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
Actions
2011-S1603 (ACTIVE) - Details
- Current Committee:
- Senate Rules
- Law Section:
- Domestic Relations Law
- Laws Affected:
- Amd §240, Dom Rel L; amd §413, Fam Ct Act
- Versions Introduced in 2009-2010 Legislative Session:
-
S5902
2011-S1603 (ACTIVE) - Sponsor Memo
BILL NUMBER:S1603 TITLE OF BILL: An act to amend the domestic relations law and the family court act, in relation to the child support obligation of indigent non-custodial parents JUSTIFICATION: In 1993, the New York State Court of Appeals, in Rose v Moody, 83 NY2d 65 1993, cert. denied, 511 US 1084 1994, held subdivision (1-b) of section 240 of the Domestic Relations Law and subdivision one of section 413 of the Family Court Act unconstitutional insofar as these provisions impose an inflexible minimum child support obligation against support obligors whose income would, by virtue of the obligation, fall below the poverty level. The Court ruled that the irrebuttable presumption mandating that an indigent, non-custodial parent be ordered to pay a minimum of $25 per month in child support contravened the Federal Child Support Enforcement Act Social Security Act, Title IV-D §467(b) (2), as amended, 42 USCA §667{b) (2), thus violating the constitutional principle of Federal preemption. While the effect of the Court's ruling has been to require that support obligors be permitted to rebut the presumption in favor of a minimum obligation of $25 per month, the statutory language has not been conformed accordingly.
2011-S1603 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1603 2011-2012 Regular Sessions I N S E N A T E January 10, 2011 ___________ Introduced by Sen. MONTGOMERY -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families AN ACT to amend the domestic relations law and the family court act, in relation to the child support obligation of indigent non-custodial parents THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraphs (d), (g) and (i) of subdivision 1-b of section 240 of the domestic relations law, paragraphs (d) and (i) as added by chapter 567 of the laws of 1989 and paragraph (g) as amended by chapter 41 of the laws of 1992, are amended to read as follows: (d) Notwithstanding the provisions of paragraph (c) of this subdivi- sion, where the annual amount of the basic child support obligation would reduce the non-custodial parent's income below the poverty income guidelines amount for a single person as reported by the federal depart- ment of health and human services, the basic child support obligation shall be twenty-five dollars per month [or the difference between the non-custodial parent's income and the self-support reserve, whichever is greater], PROVIDED, HOWEVER, THAT IF THE COURT FINDS THAT SUCH BASIC CHILD SUPPORT OBLIGATION IS UNJUST OR INAPPROPRIATE, WHICH FINDING SHALL BE BASED UPON CONSIDERATIONS OF THE FACTORS SET FORTH IN PARAGRAPH (F) OF THIS SUBDIVISION, THE COURT SHALL ORDER THE NON-CUSTODIAL PARENT TO PAY SUCH AMOUNT OF THE CHILD SUPPORT AS THE COURT FINDS JUST AND APPRO- PRIATE. Notwithstanding the provisions of paragraph (c) of this subdi- vision, where the annual amount of the basic child support obligation would reduce the non-custodial parent's income below the self-support reserve but not below the poverty income guidelines amount for a single person as reported by the federal department of health and human services, the basic child support obligation shall be fifty dollars per month or the difference between the non-custodial parent's income and the self-support reserve, whichever is greater, IN ADDITION TO ANY EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06139-01-1
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