NY State Assembly Bill 2009-A9210

Assembly Bill A9210

2009-2010 Legislative Session

Requires reduction of a parent's child support obligation by the amount of social security dependent benefits received by the child

download bill text pdf

Archive: Last Bill Status - In Assembly 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
Oct 21, 2009	referred to judiciary

2009-A9210 (ACTIVE) - Details

Current Committee:: Assembly Judiciary
Law Section:: Family Court Act
Laws Affected:: Amd §413, Fam Ct Act; amd §240, Dom Rel L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A7070
2013-2014: A1888
2015-2016: A655
2017-2018: A8716
2019-2020: A7004
2021-2022: A5813

2009-A9210 (ACTIVE) - Summary

Requires reduction of a parent's child support obligation by the amount of social security dependent benefits received by the child.

2009-A9210 (ACTIVE) - Sponsor Memo

2009-A9210 (ACTIVE) - Bill Text download pdf

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

                                  9210

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            October 21, 2009
                               ___________

Introduced by M. of A. THIELE -- read once and referred to the Committee
  on Judiciary

AN  ACT to amend the family court act and the domestic relations law, in
  relation to reducing a parent's child support obligation by the amount
  of social security dependent benefits received by the child

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

  Section 1. Subparagraph 1 of paragraph (b) of subdivision 1 of section
413  of  the  family court act, as amended by chapter 567 of the laws of
1989, is amended to read as follows:
  (1) "Basic child support obligation" shall mean  the  sum  derived  by
adding  the  amounts  determined by the application of subparagraphs two
and three of paragraph (c)  of  this  subdivision  except  as  increased
pursuant  to  subparagraphs  four, five, six and seven of such paragraph
AND DECREASED PURSUANT TO SUBPARAGRAPH EIGHT OF SUCH PARAGRAPH.
  S 2. Clause (iii) of subparagraph 5 of paragraph (b) of subdivision  1
of section 413 of the family court act, as amended by chapter 567 of the
laws of 1989, is amended to read as follows:
  (iii)  to  the  extent not already included in gross income in clauses
(i) and (ii) of this subparagraph, the amount of income or  compensation
voluntarily  deferred  and  income  received, if any, from the following
sources:
  (A) workers' compensation,
  (B) disability benefits,
  (C) unemployment insurance benefits,
  (D) social security benefits,
  (E) veterans benefits,
  (F) pensions and retirement benefits,
  (G) fellowships and stipends, [and]
  (H) annuity payments[;], AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14806-01-9

A. 9210                             2

  (I) SOCIAL SECURITY DEPENDENT BENEFITS RECEIVED BY THE CHILD OR  CHIL-
DREN DUE TO THE EARNINGS OF THE PARENT;
  S 3. Paragraph (c) of subdivision 1 of section 413 of the family court
act is amended by adding a new subparagraph 8 to read as follows:
  (8)  SOCIAL SECURITY BENEFITS RECEIVED BY THE CHILD OR CHILDREN DUE TO
THE EARNINGS OF A PARENT SHALL BE  CREDITED  AS  CHILD  SUPPORT  TO  THE
PARENT UPON WHOSE EARNING RECORD IT IS BASED.
  S 4. Subparagraph 1 of paragraph (b) of subdivision 1-b of section 240
of  the  domestic  relations law, as added by chapter 567 of the laws of
1989, is amended to read as follows:
  (1) "Basic child support obligation" shall mean  the  sum  derived  by
adding  the  amounts  determined by the application of subparagraphs two
and three of paragraph (c)  of  this  subdivision  except  as  increased
pursuant  to  subparagraphs  four, five, six and seven of such paragraph
AND DECREASED PURSUANT TO SUBPARAGRAPH EIGHT OF SUCH PARAGRAPH.
  S 5. Clause (iii) of subparagraph 5 of paragraph  (b)  of  subdivision
1-b  of  section  240 of the domestic relations law, as added by chapter
567 of the laws of 1989, is amended to read as follows:
  (iii) to the extent not already included in gross  income  in  clauses
(i)  and (ii) of this subparagraph, the amount of income or compensation
voluntarily deferred and income received, if  any,  from  the  following
sources:
  (A) workers' compensation,
  (B) disability benefits,
  (C) unemployment insurance benefits,
  (D) social security benefits,
  (E) veterans benefits,
  (F) pensions and retirement benefits,
  (G) fellowships and stipends, [and]
  (H) annuity payments[;], AND
  (I)  SOCIAL SECURITY DEPENDENT BENEFITS RECEIVED BY THE CHILD OR CHIL-
DREN DUE TO THE EARNINGS OF THE PARENT;
  S 6. Paragraph (c) of subdivision 1-b of section 240 of  the  domestic
relations  law  is  amended  by  adding  a new subparagraph 8 to read as
follows:
  (8) SOCIAL SECURITY BENEFITS RECEIVED BY THE CHILD OR CHILDREN DUE  TO
THE  EARNINGS  OF  A  PARENT  SHALL  BE CREDITED AS CHILD SUPPORT TO THE
PARENT UPON WHOSE EARNING RECORD IT IS BASED.
  S 7. This act shall take effect immediately.

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