Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 06, 2010 |
referred to codes |
May 26, 2009 |
referred to codes |
Senate Bill S5650
2009-2010 Legislative Session
Sponsored By
(D, WF) Senate District
Archive: Last Bill Status - In Senate Committee Codes 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-S5650 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A6134
- Current Committee:
- Senate Codes
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Amd ยง5001, CPLR
- Versions Introduced in 2011-2012 Legislative Session:
-
S1549
2009-S5650 (ACTIVE) - Sponsor Memo
BILL NUMBER: S5650 TITLE OF BILL : An act to amend the civil practice law and rules, in relation to authorizing the imposition of prejudgment interest in certain cases of nonpayment of support PURPOSE OF BILL : The bill will encourage the obligor of support to make timely support payments. SUMMARY OF PROVISIONS OF BILL : The bill amends the CPLR to provide for prejudgment interest on unpaid child support and combined child and spousal support. JUSTIFICATION : Since 1985 a number of laws have strengthened the methods for enforcing child support obligations in New York. Among these are procedures for wage withholding, intercepting tax refunds and lottery winnings, and the suspension of driver's, professional and recreational license. Despite these measures, billions of dollars in past support are owed in child support. This bill includes a measure to encourage prompt payment of support. Testimony at hearings and reports from the Association for Children for Enforcement of Support (ACES) indicate that the failure of respondents to pay support results
2009-S5650 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5650 2009-2010 Regular Sessions I N S E N A T E May 26, 2009 ___________ Introduced by Sen. SAMPSON -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the civil practice law and rules, in relation to author- izing the imposition of prejudgment interest in certain cases of nonpayment of support THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision (a) of section 5001 of the civil practice law and rules is amended to read as follows: (a) Actions in which recoverable. Interest shall be recovered upon a sum awarded because of a breach of performance of a contract, [or] because of an act or omission depriving or otherwise interfering with title to, or possession or enjoyment of, property, OR BECAUSE OF A FAIL- URE TO PAY CHILD SUPPORT OR COMBINED CHILD AND SPOUSAL SUPPORT PURSUANT TO A COURT ORDER, except that in an action of an equitable nature, interest and the rate and date from which it shall be computed shall be in the court's discretion. S 2. This act shall take effect immediately and shall apply to actions and proceedings commenced on or after such effective date. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09400-01-9
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