Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 06, 2010 |
referred to judiciary |
Mar 27, 2009 |
referred to judiciary |
Senate Bill S3665
2009-2010 Legislative Session
Sponsored By
(R, C, IP) Senate District
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
Actions
co-Sponsors
(R, C) Senate District
(R, C, IP) Senate District
(R) Senate District
2009-S3665 (ACTIVE) - Details
- Current Committee:
- Senate Judiciary
- Law Section:
- Family Court Act
- Laws Affected:
- Add §458-d, Fam Ct Act
- Versions Introduced in Other Legislative Sessions:
-
2011-2012:
S2479
2013-2014: S1453
2015-2016: S2586
2009-S3665 (ACTIVE) - Sponsor Memo
BILL NUMBER: S3665 TITLE OF BILL : An act to amend the family court act, in relation to enforcement and punishment for failure to make child support payments PURPOSE OR GENERAL IDEA OF BILL : Provides for accumulated child support arrears equivalent to or greater than $10,000 to be punishable as a class E felony. SUMMARY OF SPECIFIC PROVISIONS : An act to amend the Family Court Act by adding a new §458-d. In addition to the relief granted for failure to comply with an order of support pursuant to the article, an aggrieved party may make an application pursuant to the provision of §756 of the Judiciary Law to punish the respondent for contempt and where the judgment or order directs payment to be made in installments, or at stated intervals, failure to make such payments may be punished therein provided and such punishment, either by fine or commitment, shall not be a bar to a subsequent proceeding to punish the respondent for a contempt for failure to pay subsequent installments; provided, however if the respondent has accumulated child support arrears equivalent to or
2009-S3665 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3665 2009-2010 Regular Sessions I N S E N A T E March 27, 2009 ___________ Introduced by Sens. FLANAGAN, LARKIN, PADAVAN, VOLKER -- 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 enforcement and punishment for failure to make child support payments THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The family court act is amended by adding a new section 458-d to read as follows: S 458-D. ENFORCEMENT OF ARREARS; ADDITIONAL PENALTY. IN ADDITION TO THE RELIEF GRANTED FOR FAILURE TO COMPLY WITH AN ORDER OF SUPPORT PURSU- ANT TO THIS ARTICLE, AN AGGRIEVED PARTY MAY MAKE AN APPLICATION PURSUANT TO THE PROVISION OF SECTION SEVEN HUNDRED FIFTY-SIX OF THE JUDICIARY LAW TO PUNISH A RESPONDENT FOR CONTEMPT, AND WHERE THE JUDGMENT OR ORDER DIRECTS PAYMENT TO BE MADE IN INSTALLMENTS, OR AT STATED INTERVALS, FAILURE TO MAKE SUCH PAYMENTS OR INSTALLMENT MAY BE PUNISHED AS THEREIN PROVIDED AND SUCH PUNISHMENT, EITHER BY FINE OR COMMITMENT, SHALL NOT BE A BAR TO A SUBSEQUENT PROCEEDING TO PUNISH THE RESPONDENT FOR A CONTEMPT FOR FAILURE TO PAY SUBSEQUENT INSTALLMENTS; PROVIDED, HOWEVER IF THE RESPONDENT HAS ACCUMULATED CHILD SUPPORT ARREARS EQUIVALENT TO OR GREAT- ER THAN TEN THOUSAND DOLLARS, THE RESPONDENT SHALL BE GUILTY OF A CLASS E FELONY PUNISHABLE IN ACCORDANCE WITH THE PENAL LAW. S 2. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law and shall apply to any judgment entered or fine or penalty imposed on any arrears accrued on or after such date. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04090-01-9
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