Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
May 20, 2010 |
referred to judiciary |
Assembly Bill A11153
2009-2010 Legislative Session
Sponsored By
REILLY
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
Actions
2009-A11153 (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 2011-2012 Legislative Session:
-
A7293
2009-A11153 (ACTIVE) - Sponsor Memo
BILL NUMBER:A11153 TITLE OF BILL: An act to amend the family court act and the domestic relations law, in relation to removing disability benefits as a source of income for purposes of reducing a parent's child support calculations PURPOSE OR GENERAL IDEA OF BILL: This bill will reduce child support payments by deducting disability benefits as income, SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends clause (iii) of subparagraph 5 of paragraph (b) of subdivision 1 of section 413 of the family court act by adding a section (I); Section 3 amends paragraph of by adding a new subparagraph 8; Section 4 subparagraph 1 of paragraph (b) of 1-b of section 240 is amended; Section 2 clause (iii) of subparagraph 5 of paragraph (b) of subdivision 51-b of section 240 of the domestic relations law, as added by Chapter 567 of the laws of 1989, is amended. JUSTIFICATION: New York State is one, of just a few states in the nation that considers disability benefits as income when it comes to determin- ing the amount of child support the noncustodial parent is required to pay. But disability income, unlike Social Security benefits, is means- tested income provided to people with disabilities as a way, to supple- ment Social Security income. SSI is provided to insure disabled individ- uals have a minimum level of income needed for subsistence.
2009-A11153 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 11153 I N A S S E M B L Y May 20, 2010 ___________ Introduced by M. of A. REILLY -- 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 removing disability benefits as a source of income for purposes of reducing a parent's child support calculations THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Clause (iii) of subparagraph 5 of paragraph (b) of subdi- vision 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)] (C) social security benefits, [(E)] (D) veterans benefits, [(F)] (E) pensions and retirement benefits, [(G)] (F) fellowships and stipends, and [(H)] (G) annuity payments; S 2. 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)] (C) social security benefits, [(E)] (D) veterans benefits, EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.