S T A T E O F N E W Y O R K
________________________________________________________________________
6560
2019-2020 Regular Sessions
I N S E N A T E
June 16, 2019
___________
Introduced by Sen. PERSAUD -- (at request of the Office of Temporary and
Disability Assistance) -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the family court act and the domestic relations law, in
relation to establishment and modification of child support orders;
and to amend the social services law, in relation to an increase in
the annual service fee for child support services
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Clause (v) of subparagraph 5 of paragraph (b) of subdivi-
sion 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:
(v) an amount imputed as income based upon the parent's former
resources or income, if the court determines that a parent has reduced
resources or income in order to reduce or avoid the parent's obligation
for child support; PROVIDED THAT INCARCERATION SHALL NOT BE CONSIDERED
VOLUNTARY UNEMPLOYMENT, UNLESS SUCH INCARCERATION IS THE RESULT OF NON-
PAYMENT OF A CHILD SUPPORT ORDER, OR AN OFFENSE AGAINST THE CUSTODIAL
PARENT OR CHILD WHO IS THE SUBJECT OF THE ORDER OR JUDGMENT;
§ 2. Clause (v) 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:
(v) an amount imputed as income based upon the parent's former
resources or income, if the court determines that a parent has reduced
resources or income in order to reduce or avoid the parent's obligation
for child support; PROVIDED THAT INCARCERATION SHALL NOT BE CONSIDERED
VOLUNTARY UNEMPLOYMENT, UNLESS SUCH INCARCERATION IS THE RESULT OF NON-
PAYMENT OF A CHILD SUPPORT ORDER, OR AN OFFENSE AGAINST THE CUSTODIAL
PARENT OR CHILD WHO IS THE SUBJECT OF THE ORDER OR JUDGMENT;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09199-02-9
S. 6560 2
§ 3. Paragraph (a) of subdivision 3 of section 451 of the family court
act, as amended by chapter 373 of the laws of 2014, is amended to read
as follows:
(a) The court may modify an order of child support, including an order
incorporating without merging an agreement or stipulation of the
parties, upon a showing of a substantial change in circumstances.
Incarceration SHALL NOT BE CONSIDERED VOLUNTARY UNEMPLOYMENT AND shall
not be a bar to finding a substantial change in circumstances provided
such incarceration is not the result of non-payment of a child support
order, or an offense against the custodial parent or child who is the
subject of the order or judgment.
§ 4. Clause (i) of subparagraph 2 of paragraph (b) of subdivision 9 of
part B of section 236 of the domestic relations law, as amended by chap-
ter 182 of the laws of 2010, is amended to read as follows:
(i) The court may modify an order of child support, including an order
incorporating without merging an agreement or stipulation of the
parties, upon a showing of a substantial change in circumstances.
Incarceration SHALL NOT BE CONSIDERED VOLUNTARY UNEMPLOYMENT AND shall
not be a bar to finding a substantial change in circumstances provided
such incarceration is not the result of non-payment of a child support
order, or an offense against the custodial parent or child who is the
subject of the order or judgment.
§ 5. Paragraph (a) of subdivision 3 of section 111-g of the social
services law, as added by section 1 of part Z of chapter 57 of the laws
of 2008, is amended to read as follows:
(a) A person who is receiving child support services pursuant to this
section who has never received assistance pursuant to title IV-A of the
federal social security act shall be subject to an annual service fee of
[twenty-five] THIRTY-FIVE dollars for each child support case if at
least five hundred FIFTY dollars of support has been collected in the
federal fiscal year. Where a custodial parent has children with differ-
ent noncustodial parents, the order payable by each noncustodial parent
shall be a separate child support case for the purpose of imposing an
annual service fee. The fee shall be deducted from child support
payments received on behalf of the individual receiving services.
§ 6. This act shall take effect immediately and shall apply to any
pending action or proceeding.