NY State Senate Bill 2015-S796

Senate Bill S796

2015-2016 Legislative Session

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

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Archive: Last Bill Status - In Senate Committee Children And Families 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 06, 2016	referred to children and families
Jan 07, 2015	referred to children and families

co-Sponsors

2015-S796 (ACTIVE) - Details

See Assembly Version of this Bill:: A655
Current Committee:: Senate Children And Families
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
2011-2012: S4547, A7070
2013-2014: S2005, A1888
2017-2018: S4017, A8716
2019-2020: A7004
2021-2022: A5813

2015-S796 (ACTIVE) - Summary

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

2015-S796 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S796

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 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 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 3. Paragraph (c) of subdivision 1 of section 413 of the family
court act is amended by adding a new paragraph 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:

2013-14 S.2005/A.1888;
2011-12 S.4547/A.7070;


2010 A.9210

FISCAL IMPLICATIONS:

None to the State

EFFECTIVE DATE:

Immediately.

2015-S796 (ACTIVE) - Bill Text download pdf

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

    S. 796                                                    A. 655

                       2015-2016 Regular Sessions

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

                               (PREFILED)

                             January 7, 2015
                               ___________

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

IN ASSEMBLY -- Introduced by M. of A. THIELE, RUSSELL -- 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,

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

                                                           LBD00815-01-5

S. 796                              2                             A. 655

  (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 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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Senate Bill S796

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Sponsored By

Kenneth P. LaValle