S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 4983                                                  A. 7004
 
                        2019-2020 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                               April 3, 2019
                                ___________
 
 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.
   §  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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

 SA                                                         LBD03269-01-9

 S. 4983                             2                            A. 7004
 
   (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
 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

 S. 4983                             3                            A. 7004
 
 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
 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.