NY State Senate Bill 2011-S4547

Senate Bill S4547

2011-2012 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 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to judiciary
Apr 11, 2011	referred to judiciary

2011-S4547 (ACTIVE) - Details

See Assembly Version of this Bill:: A7070
Current Committee:: Senate Judiciary
Law Section:: Family Court Act
Laws Affected:: Amd §413, Fam Ct Act; amd §240, Dom Rel L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A9210
2013-2014: S2005, A1888
2015-2016: S796, A655
2017-2018: S4017, A8716
2019-2020: A7004
2021-2022: A5813

2011-S4547 (ACTIVE) - Summary

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

2011-S4547 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4547

TITLE OF BILL:
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

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

SUMMARY OF PROVISIONS:
Section 1. subparagraph of 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;

Section 2. Clause (iii) of subparagraph 5 (b) of subdivision 1 of
section 413 of the family court act, as amended by chapter 567 of the
laws of 1989 is amended;

Section 3. Paragraph (c) of subdivision 1 of section 413 of the family
court act is amended by adding a new subparagraph 8;

Section 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;

Section 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;

Section 6. Paragraph (c) of subdivision 1-b of section 240 of the
domestic relations law is amended by adding a new subparagraph 8;

Section 7. Effective date.

JUSTIFICATION:
There are many instances in New York State where a non-custodial
parent is paying child support, mandated by a court order, and Social
Security Benefit payments are not counted against the support. Some
states have created laws where the social Security Benefit counts
dollar for dollar against a non-custodial parent's obligation to
support his or her child.. This bill would not grant an automatic
child support payment reduction by the non-custodial parent where
Social Security Benefits are received. The non-custodial parent would
have to seek the reduction through the mandated court order where
child support payment amounts are specifically spelled out. This can
happen at the initial child support agreement or relief can be sought
if benefits are received after the date of the agreement.

LEGISLATIVE HISTORY:
2010:  A.9210

FISCAL IMPLICATIONS:
None to the State.


EFFECTIVE DATE:
Immediately.

2011-S4547 (ACTIVE) - Bill Text download pdf

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

    S. 4547                                                  A. 7070

                       2011-2012 Regular Sessions

                      S E N A T E - A S S E M B L Y

                             April 11, 2011
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Judiciary

IN  ASSEMBLY  -- 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,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10694-01-1

S. 4547                             2                            A. 7070

  (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 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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