Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Sep 23, 2014 |
signed chap.373 |
Sep 11, 2014 |
delivered to governor |
Jun 12, 2014 |
returned to assembly passed senate 3rd reading cal.1355 substituted for s7535 |
Jun 12, 2014 |
substituted by a9464 |
Jun 11, 2014 |
ordered to third reading cal.1355 committee discharged and committed to rules |
May 15, 2014 |
referred to judiciary |
Senate Bill S7535
Signed By Governor2013-2014 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status Via A9464 - Signed by Governor
- 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
Votes
2013-S7535 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A9464
- Law Section:
- Family Court Act
- Laws Affected:
- Amd ยง451, Fam Ct Act
2013-S7535 (ACTIVE) - Sponsor Memo
BILL NUMBER:S7535 TITLE OF BILL: An act to amend the family court act, in relation to applications to modify orders of child support in the family court 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. An application to modify an order of child support pursuant to section 451 of the Family Court Act must be accompanied by "an affidavit and other evidentiary material sufficient to establish a prima facie case for the relief requested" in order to entitle the petitioner to a hearing on any material issues of fact. No hearing is required if an affidavit has not been submitted even if material issues are present in the case. In order to preserve the possibility of a hearing, this requirement has been applied literally by many Family Courts statewide in all cases, thus preventing child support modification petitions from being filed in the absence of an affidavit. This requirement has proven to be both unnecessary and unduly restrictive. It is unnecessary because it is duplicative. The uniform "Affidavit in Support of Modification of Support" (Family Court Form 4-11b) contains virtually the same information as the support modification petition (Family Court Form 4-11).* And, most important, it is unduly restrictive as an impediment to effective access to the
2013-S7535 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7535 I N S E N A T E May 15, 2014 ___________ Introduced by Sen. BONACIC -- (at request of the Office of Court Admin- istration) -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to amend the family court act, in relation to applications to modify orders of child support in the family court THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 451 of the family court act, as amended by chapter 182 of the laws of 2010, is amended to read as follows: S 451. Continuing jurisdiction. 1. Except as provided in article five-B of this act, the court has continuing jurisdiction over any support proceeding brought under this article until its judgment is completely satisfied and may modify, set aside or vacate any order issued in the course of the proceeding, provided, however, that the modification, set aside or vacatur shall not reduce or annul child support arrears accrued prior to the making of an application pursuant to this section. The court shall not reduce or annul any other arrears unless the defaulting party shows good cause for failure to make appli- cation for relief from the judgment or order directing payment prior to the accrual of the arrears, in which case the facts and circumstances constituting such good cause shall be set forth in a written memorandum of decision. A modification may increase support payments nunc pro tunc as of the date of the initial application for support based on newly discovered evidence. Any retroactive amount of support due shall be paid and be enforceable as provided in section four hundred forty of this article. Upon an application to [modify,] set aside or vacate an order of support, no hearing shall be required unless such application shall be supported by affidavit and other evidentiary material sufficient to establish a prima facie case for the relief requested. 2. A PROCEEDING TO MODIFY AN ORDER OF SUPPORT SHALL BE COMMENCED BY THE FILING OF A PETITION WHICH SHALL ALLEGE FACTS SUFFICIENT TO MEET ONE OR MORE OF THE GROUNDS ENUMERATED IN SUBDIVISION THREE OF THIS SECTION. 3. (a) The court may modify an order of child support, including an order incorporating without merging an agreement or stipulation of the EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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