S T A T E   O F   N E W   Y O R K
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                                  5391

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 25, 2013
                               ___________

Introduced  by M. of A. KOLB, P. LOPEZ -- Multi-Sponsored by -- M. of A.
  CORWIN, CROUCH, GIGLIO,  HAWLEY,  JORDAN,  THIELE  --  read  once  and
  referred to the Committee on Social Services

AN  ACT  to  amend  the social services law, in relation to enacting the
  "New York state national guard and reserves child support modification
  act of 2013"

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

  Section  1.  This act shall be known and may be cited as the "New York
state national guard and reserves  child  support  modification  act  of
2013".
  S  2.  Legislative findings and intent.  Since 2001, men and women who
make up New York state's national guard and reserves have been called up
to active duty in both Iraq and Afghanistan.   Often, such  active  duty
results  in the loss of salary or a portion of a salary for the individ-
ual due to the difference in pay between their civilian  employment  and
the  military pay based on their rank.  In cases where the member called
up to active duty is a non-custodial parent, the difference in  pay  may
make  it  difficult  for the individual to meet his or her child support
obligations.  Unfortunately, the non-custodial parent may  find  himself
or  herself  in arrears which can lead to penalties, such as the loss of
driving privileges.   In order to avoid situations  such  as  this,  the
legislature  seeks  to  create a program that will address and alleviate
these problems.
  S 3. The social services law is amended by adding a new section  106-d
to read as follows:
  S  106-D.  CHILD  SUPPORT  MILITARY MODIFICATION PROGRAM. 1.  NOTWITH-
STANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE COMMISSIONER OF
THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE, IN  CONJUNCTION  WITH
THE  DIVISION  OF  MILITARY  AND  NAVAL AFFAIRS, SHALL ESTABLISH A CHILD
SUPPORT MILITARY MODIFICATION PROGRAM (CSMM) UNDER THE AUSPICES  OF  THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09193-01-3
              

A. 5391                             2

DISTRICT  CHILD  SUPPORT  ENFORCEMENT  UNITS.    THE COMMISSIONER OF THE
OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE SHALL ESTABLISH A  PROGRAM
TO  MODIFY  THE  CHILD  SUPPORT PAID BY ANY MEMBER OF THE NEW YORK STATE
ORGANIZED  MILITIA  OR RESERVES OF THE UNITED STATES ARMED FORCES CALLED
UP TO ACTIVE DUTY FOR MORE THAN THIRTY CONTINUOUS  DAYS  IN  SUPPORT  OF
MILITARY  OPERATIONS  OVERSEAS  OR  IN  THE  CONUS  (CONTINENTAL  UNITED
STATES). THIS SHALL NOT INCLUDE SERVICE  DURING  TRAINING  EXERCISES  OR
MOBILIZATION FOR FEDERAL OR STATE DISASTER RELIEF PROJECTS.
  2.  THE COMMISSIONER OF THE OFFICE OF TEMPORARY AND DISABILITY ASSIST-
ANCE SHALL ESTABLISH FOR USE BY THE DISTRICT CHILD  SUPPORT  ENFORCEMENT
UNITS  AN  APPLICATION  FORM FOR MEMBERS OF THE NEW YORK STATE ORGANIZED
MILITIA AND RESERVES WHO WISH TO PARTICIPATE IN THE CSMM PROGRAM AND WHO
MEET THE DEPLOYMENT CRITERIA.   SUCH APPLICATION SHALL  INCLUDE  A  FORM
THAT  THE APPLICANT MUST COMPLETE AND SIGN AUTHORIZING THE CHILD SUPPORT
ENFORCEMENT UNIT TO OBTAIN INCOME INFORMATION FROM THE APPLICANT'S MILI-
TARY EMPLOYER.  THIS APPLICATION SHALL BE MADE AVAILABLE ON  THE  OFFICE
OF  TEMPORARY  AND  DISABILITY  ASSISTANCE'S WEBSITE AND AT ALL MILITARY
MOBILIZATION CENTERS.  APPLICATIONS FOR SUCH PROGRAM SHALL BE  SUBMITTED
BY  THE APPLICANT TO THE CHILD SUPPORT ENFORCEMENT UNIT OR AT HIS OR HER
MOBILIZATION CENTER TO THE OFFICER-IN-CHARGE, WHO THEN SHALL FORWARD THE
APPLICATION TO THE CHILD SUPPORT ENFORCEMENT UNIT.
  3. IF THE CHILD SUPPORT ENFORCEMENT UNIT DETERMINES  THAT  THE  APPLI-
CANT'S  MILITARY  INCOME  WILL  VARY  SIGNIFICANTLY FROM THE APPLICANT'S
CIVILIAN INCOME AND THE APPLICANT IS PAYING COURT-ORDERED CHILD SUPPORT,
THE UNIT SHALL SEEK A TEMPORARY MODIFICATION IN THE CHILD  SUPPORT  PAID
BY  THE  APPLICANT  DURING  HIS  OR HER MILITARY ACTIVE DUTY BY FILING A
MOTION ON BEHALF OF THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE IN
THE COURT IN WHICH THE CHILD SUPPORT WAS ENTERED.  THE MOTION SHALL SEEK
TO MODIFY THE CHILD SUPPORT PAID BY THE APPLICANT BY THE SAME PROPORTION
THAT THE APPLICANT'S MILITARY PAY VARIES FROM HIS OR HER  CIVILIAN  PAY.
IF  THE MOTION TO MODIFY IS GRANTED, THE CHILD SUPPORT SHALL BE ADJUSTED
APPROPRIATELY AND BE DEEMED TO BE IN FULL FORCE AND EFFECT.  THE  TEMPO-
RARY  MODIFICATION  PERIOD SHALL APPLY TO THE SUPPORT OBLIGATIONS OF THE
NON-CUSTODIAL PARENT ON THE DATE OF THEIR ACTIVATION AND SHALL  CONTINUE
AT  SUCH  LEVEL FOR THE DURATION OF THEIR ACTIVE DUTY DEPLOYMENT AND FOR
SIXTY DAYS THEREAFTER FOLLOWING THEIR DEACTIVATION.  UPON EXPIRATION  OF
THE  TEMPORARY  SUPPORT  ORDER  THE  CHILD  SUPPORT COURT-ORDER PRIOR TO
DEPLOYMENT SHALL BE DEEMED TO BE IN FULL FORCE AND EFFECT.
  4. THE COMMISSIONER OF THE OFFICE OF TEMPORARY AND DISABILITY  ASSIST-
ANCE  SHALL PROMULGATE ANY RULES AND REGULATIONS NECESSARY TO ENABLE THE
CHILD SUPPORT ENFORCEMENT UNIT TO CARRY OUT THE CHILD  SUPPORT  MILITARY
MODIFICATION PROGRAM.
  S 4. This act shall take effect immediately.