NY State Senate Bill 2017-S4017

Senate Bill S4017

2017-2018 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 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to judiciary
Feb 01, 2017	referred to judiciary

co-Sponsors

2017-S4017 (ACTIVE) - Details

See Assembly Version of this Bill:: A8716
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
2011-2012: S4547, A7070
2013-2014: S2005, A1888
2015-2016: S796, A655
2019-2020: A7004
2021-2022: A5813

2017-S4017 (ACTIVE) - Summary

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

2017-S4017 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4017

 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, sub clauses (g) and (h) as amended
and sub clause (i) as added by chapter 387 of the laws of 2015, 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, sub clauses (g) and (h) as
amended and sub clause (i) as added by chapter 387 of the laws of 2015
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 :

2015-16 S.796/A.655;
2013-14 S.2005/A.1888;
2011-12 S.4547/A.7070;
2010 A.9210

 FISCAL IMPLICATIONS :

None to the State.

 EFFECTIVE DATE :
Immediately.

2017-S4017 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4017
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 1, 2017
                                ___________
 
 Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
   printed to be committed 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.
   §  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, subclauses (G) and (H) as amended  and  subclause  (I)  as
 added by chapter 387 of the laws of 2015, 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,
   (H) annuity payments, [and]
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD09345-01-7

 S. 4017                             2
 
   (I) alimony or maintenance actually paid or to be paid to a spouse who
 is a party to the instant action pursuant to an existing court order  or
 contained  in  the  order  to  be entered by the court, or pursuant to a
 validly executed written agreement, in which event the order  or  agree-
 ment  shall  provide  for a specific adjustment, in accordance with this
 subdivision, in the amount of child support payable upon the termination
 of alimony or maintenance to such spouse; provided,  however,  that  the
 specific  adjustment in the amount of child support is without prejudice
 to either party's right to seek a modification in accordance with subdi-
 vision three of section four hundred fifty-one of this  article.  In  an
 action  or  proceeding to modify an order of child support, including an
 order incorporating without merging an agreement, issued  prior  to  the
 effective date of this subclause, the provisions of this subclause shall
 not,  by  themselves,  constitute  a substantial change of circumstances
 pursuant to paragraph (a) of subdivision three of section  four  hundred
 fifty-one of this article[.], AND
   (J)  SOCIAL SECURITY DEPENDENT BENEFITS RECEIVED BY THE CHILD OR CHIL-
 DREN DUE TO THE EARNINGS OF THE PARENT;
   § 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.
   § 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.
   §  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, subclauses (G) and (H) as amended and subclause
 (I)  as  added by chapter 387 of the laws of 2015, 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,
   (H) annuity payments, [and]
   (I) alimony or maintenance actually paid or to be paid to a spouse who
 is  a party to the instant action pursuant to an existing court order or
 contained in the order to be entered by the  court,  or  pursuant  to  a
 validly  executed  written agreement, in which event the order or agree-
 ment shall provide for a specific adjustment, in  accordance  with  this
 subdivision, in the amount of child support payable upon the termination
 of  alimony  or  maintenance to such spouse; provided, however, that the
 specific adjustment in the amount of child support is without  prejudice

 S. 4017                             3
 
 to  either  party's  right  to  seek  a  modification in accordance with
 subparagraph two of paragraph b of subdivision nine of part B of section
 two hundred thirty-six of this article. In an action  or  proceeding  to
 modify an order of child support, including an order incorporating with-
 out  merging  an  agreement,  issued prior to the effective date of this
 subclause, the provisions of this subclause shall  not,  by  themselves,
 constitute a substantial change of circumstances pursuant to paragraph b
 of  subdivision nine of part B of section two hundred thirty-six of this
 article[.], AND
   (J) SOCIAL SECURITY DEPENDENT BENEFITS RECEIVED BY THE CHILD OR  CHIL-
 DREN DUE TO THE EARNINGS OF THE PARENT;
   §  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.
   § 7. This act shall take effect immediately.

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Senate Bill S4017

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Sponsored By

Kenneth P. LaValle