NY State Senate Bill 2021-S9489

Archive: Last Bill Status - In Senate Committee Rules 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
Jun 22, 2022	referred to rules

2021-S9489 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Family Court Act
Laws Affected:: Add §419, amd §413-a, Fam Ct Act; amd §111-n, Soc Serv L
Versions Introduced in 2023-2024 Legislative Session:: S2572

2021-S9489 (ACTIVE) - Summary

Imposes a duty on a vehicular assailant to support a surviving child of a parent or guardian killed by such person; defines income; provides for a determination of support.

2021-S9489 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9489

SPONSOR: GOUNARDES
 
TITLE OF BILL:

An act to amend the family court act and the social services law, in
relation to a vehicular assailant's duty to support a surviving child

 
PURPOSE OR GENERAL IDEA OF BILL:

To create a child support program for children whose parents are killed
as a result of reckless driving

 
SUMMARY OF PROVISIONS:

Section one of this bill adds a new section 419 to the Family Court Act
to provide that an individual convicted of vehicular manslaughter in the
first or second degree or aggravated vehicular homicide who causes the
death of a parent as a result of such action shall provide child support
for the surviving children of such deceased parent.

Sections two and three make conforming changes to section 413-A of the

Family Court Act.

Section four makes a conforming change to section 111-n of the Social
Services Law. Section five sets the effective date.

 
JUSTIFICATION:

New York State has enforced a policy of child support, or ongoing, peri-
odic payments made by a parent for the support of a child after the
dissolution of a household, for decades. Reformed and modernized in 1989
with the passage of the Child Support Standards Act, child support obli-
gations are set when judges examine both parents' incomes and assets,
ordering the noncustodial parent to pay the custodial parent a certain
amount based on his or her adjusted gross income and the number of chil-
dren in custody. Child support is a useful way to correct for vast
differences in the financial circumstances between parents, and is
traditionally viewed as a means to ensure that a noncustodial parent
with a greater assets who no longer retains custody of a child is still
responsible for ensuring that the custodial parent has the proper levels
of support to rear such child. Child support orders are continued until
the child reaches age 21.

This bill applies this same principle of restitution to instances where
individuals convicted of certain vehicular crimes have caused the death
of a custodial parent as a result of such crime(s). In this case, the
driver will be required to pay child support, in an amount deemed fair
and reasonable by a judge, to a surviving parent or guardian responsible
for rearing the child who has lost his or her parent as a result Of the
driver's actions. In the event that both parents were killed in the car
crash and the child retains no legal guardian and has been placed in
foster care, the driver must pay child support to the state, consistent
with existing child support policy. The judge is required under this
bill to closely examine the income and assets of all parties when
setting a child support order, giving strong consideration to the finan-
cial status of the driver upon release from incarceration and court
fines and fees that such driver may already have paid. The court can in
no circumstance create a child support order that would place an undue
financial burden upon the driver after the examination of such factors.
The judge shall also retain discretion when determining when to start
the child support payments and how long they wil l last, accounting for
the age of the surviving child and length of the driver's incarceration.
The bill also includes a provision to offset any child support orders by
civil awards already paid by the driver from claims such as a wrongful
death lawsuit.

Modeled after similar legislation introduced in several other states and
recently passed in Tennessee, this bill covers the crimes of vehicular
manslaughter in the second degree, vehicular manslaughter in the first
degree, and aggravated vehicular homicide, all of which involve intoxi-
cation by drugs or alcohol which is presumed by law to have caused the
death(s) in the car crash absent evidence to the contrary. Thus, all
three crimes involve elements of serious recklessness and are considered
felonies under NYS's penal code with mandatory incarceration periods.
While there is nothing that policymakers can do to reverse the reckless-
ness inherent in these vehicular crimes and bring a surviving child's
parents back to life, it is the sponsor's hope that this bill will
further disincentivize such reckless driving as well as provide recom-
pense for families whose economic prospects may be severely impacted by
the loss of income of one or more parents killed by a drunk driver.

 
PRIOR LEGISLATIVE HISTORY:

None

 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
This act shall take effect immediately and shall apply to all offenses
committed on or after such date.

2021-S9489 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9489
 
                             I N  S E N A T E
 
                               June 22, 2022
                                ___________
 
 Introduced by Sen. GOUNARDES -- 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 social services law, in
   relation to a vehicular assailant's duty to support a surviving child
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The family court act is amended by adding a new section 419
 to read as follows:
   §  419.  VEHICULAR  ASSAILANT'S DUTY TO SUPPORT A SURVIVING CHILD.  1.
 FOR PURPOSES OF THIS SECTION, THE FOLLOWING DEFINITIONS SHALL APPLY:
   (A) "CHILD SUPPORT" SHALL MEAN A SUM TO  BE  PAID  PURSUANT  TO  COURT
 ORDER  OR  DECREE BY A VEHICULAR ASSAILANT FOR THE CARE, MAINTENANCE AND
 EDUCATION OF ANY UNEMANCIPATED SURVIVING CHILD.
   (B) "DECEASED PARENT OR GUARDIAN" SHALL MEAN A CUSTODIAL PARENT, LEGAL
 GUARDIAN, OR OTHER PERSON WHO PRIOR TO THEIR DEATH HAD LEGAL CUSTODY  OF
 A  SURVIVING CHILD OR ANY OTHER PERSON WITH WHOM A SURVIVING CHILD LIVED
 WHO HAD ASSUMED RESPONSIBILITY FOR THE DAY-TO-DAY CARE  AND  CUSTODY  OF
 THE CHILD AND WHOSE DEATH WAS CAUSED BY A VEHICULAR ASSAILANT.
   (C)  "INCOME"  SHALL MEAN, BUT SHALL NOT BE LIMITED TO, THE SUM OF THE
 AMOUNTS DETERMINED BY THE APPLICATION OF SUBPARAGRAPHS (I), (II), (III),
 (IV) AND (V) OF THIS PARAGRAPH REDUCED BY THE AMOUNT DETERMINED  BY  THE
 APPLICATION OF SUBPARAGRAPH (VI) OF THIS PARAGRAPH:
   (I) GROSS INCOME AS SHOULD HAVE BEEN REPORTED OR SHOULD BE REPORTED IN
 THE MOST RECENT FEDERAL INCOME TAX RETURN. IF AN INDIVIDUAL FILES HIS OR
 HER  FEDERAL  INCOME TAX RETURN AS A MARRIED PERSON FILING JOINTLY, SUCH
 PERSON SHALL BE REQUIRED TO PREPARE A FORM, SWORN TO  UNDER  PENALTY  OF
 LAW, DISCLOSING HIS OR HER GROSS INCOME INDIVIDUALLY;
   (II)  TO  THE  EXTENT NOT ALREADY INCLUDED IN GROSS INCOME IN SUBPARA-
 GRAPH (I) OF THIS PARAGRAPH, INVESTMENT INCOME REDUCED BY SUMS  EXPENDED
 IN CONNECTION WITH SUCH INVESTMENT;
   (III)  TO  THE EXTENT NOT ALREADY INCLUDED IN GROSS INCOME IN SUBPARA-
 GRAPHS (I) AND (II) OF THIS PARAGRAPH, THE AMOUNT OF INCOME  OR  COMPEN-
 SATION  VOLUNTARILY  DEFERRED  AND  INCOME  RECEIVED,  IF  ANY, FROM THE
 FOLLOWING SOURCES:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD16058-02-2
 S. 9489                             2
 
   (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;
   (IV) AT THE DISCRETION OF THE COURT, THE COURT MAY ATTRIBUTE OR IMPUTE
 INCOME  FROM  SUCH  OTHER RESOURCES AS MAY BE AVAILABLE TO THE VEHICULAR
 ASSAILANT, INCLUDING, BUT NOT LIMITED TO:
   (A) NON-INCOME PRODUCING ASSETS,
   (B) MEALS, LODGING, MEMBERSHIPS,  AUTOMOBILES,  OR  OTHER  PERQUISITES
 THAT  ARE  PROVIDED AS PART OF COMPENSATION FOR EMPLOYMENT TO THE EXTENT
 THAT SUCH PERQUISITES CONSTITUTE EXPENDITURES FOR PERSONAL USE, OR WHICH
 EXPENDITURES DIRECTLY OR INDIRECTLY CONFER PERSONAL ECONOMIC BENEFITS,
   (C) FRINGE BENEFITS PROVIDED AS PART OF COMPENSATION FOR EMPLOYMENT,
   (D) MONEY, GOODS, OR SERVICES PROVIDED BY RELATIVES AND FRIENDS, AND
   (E) AN AMOUNT IMPUTED AS INCOME BASED UPON THE  VEHICULAR  ASSAILANT'S
 FORMER  RESOURCES  OR  INCOME, IF THE COURT DETERMINES THAT AN ASSAILANT
 HAS REDUCED RESOURCES  OR  INCOME  IN  ORDER  TO  REDUCE  OR  AVOID  THE
 ASSAILANT'S  OBLIGATION  FOR  CHILD SUPPORT; PROVIDED THAT INCARCERATION
 SHALL NOT BE CONSIDERED VOLUNTARY UNEMPLOYMENT;
   (V) TO THE EXTENT NOT ALREADY INCLUDED IN  GROSS  INCOME  IN  SUBPARA-
 GRAPHS  (I)  AND  (II)  OF THIS PARAGRAPH, THE FOLLOWING SELF-EMPLOYMENT
 DEDUCTIONS ATTRIBUTABLE TO SELF-EMPLOYMENT CARRIED ON BY THE TAXPAYER:
   (A) ANY DEPRECIATION DEDUCTION GREATER THAN DEPRECIATION CALCULATED ON
 A STRAIGHT-LINE BASIS FOR THE PURPOSE OF DETERMINING BUSINESS INCOME  OR
 INVESTMENT CREDITS, AND
   (B)  ENTERTAINMENT AND TRAVEL ALLOWANCES DEDUCTED FROM BUSINESS INCOME
 TO THE EXTENT SAID ALLOWANCES REDUCE PERSONAL EXPENDITURES;
   (VI) THE FOLLOWING SHALL BE DEDUCTED FROM INCOME PRIOR TO APPLYING THE
 PROVISIONS OF SUBDIVISION THREE OF THIS SECTION:
   (A) UNREIMBURSED EMPLOYEE BUSINESS EXPENSES EXCEPT TO THE EXTENT  SAID
 EXPENSES REDUCE PERSONAL EXPENDITURES,
   (B) ALIMONY OR MAINTENANCE ACTUALLY PAID TO A SPOUSE PURSUANT TO COURT
 ORDER OR VALIDLY EXECUTED WRITTEN AGREEMENT,
   (C)  CHILD  SUPPORT  ACTUALLY  PAID PURSUANT TO COURT ORDER OR WRITTEN
 AGREEMENT ON BEHALF OF ANY CHILD FOR WHOM THE VEHICULAR ASSAILANT HAS  A
 LEGAL DUTY OF SUPPORT AND WHO IS NOT SUBJECT TO THE INSTANT ACTION,
   (D) PUBLIC ASSISTANCE,
   (E) SUPPLEMENTAL SECURITY INCOME,
   (F)  NEW  YORK CITY OR YONKERS INCOME OR EARNINGS TAXES ACTUALLY PAID,
 AND
   (G) FEDERAL INSURANCE CONTRIBUTIONS ACT (FICA) TAXES ACTUALLY PAID.
   (D) "SELF-SUPPORT RESERVE" SHALL MEAN ONE HUNDRED THIRTY-FIVE  PERCENT
 OF  THE POVERTY INCOME GUIDELINES AMOUNT FOR A SINGLE PERSON AS REPORTED
 BY THE FEDERAL DEPARTMENT OF HEALTH AND HUMAN SERVICES.
   (E) "SURVIVING CHILD" SHALL MEAN AN INDIVIDUAL  OR  INDIVIDUALS  UNDER
 THE AGE OF TWENTY-ONE WHO WAS UNDER THE PHYSICAL CARE AND SUPERVISION OF
 A DECEASED PARENT OR GUARDIAN.
   (F)  "SURVIVING  PARENT  OR  GUARDIAN"  SHALL MEAN A CUSTODIAL PARENT,
 LEGAL GUARDIAN, OR OTHER PERSON RETAINING LEGAL CUSTODY OF  A  SURVIVING
 CHILD  OR  ANY  OTHER  PERSON  WITH WHOM A SURVIVING CHILD LIVES WHO HAS
 ASSUMED RESPONSIBILITY FOR THE DAY-TO-DAY CARE AND CUSTODY OF THE  CHILD
 AFTER THE DEATH OF ONE OR BOTH DECEASED PARENTS OR GUARDIANS, AS DEFINED
 S. 9489                             3
 
 IN  PARAGRAPH  (B)  OF  THIS  SUBDIVISION,  BY A VEHICULAR ASSAILANT, AS
 DEFINED IN PARAGRAPH (G) OF THIS SUBDIVISION.
   (G) "VEHICULAR ASSAILANT" SHALL MEAN AN INDIVIDUAL CONVICTED OF VEHIC-
 ULAR MANSLAUGHTER IN THE SECOND DEGREE AS DESCRIBED IN SECTION 125.12 OF
 THE  PENAL  LAW, VEHICULAR MANSLAUGHTER IN THE FIRST DEGREE AS DESCRIBED
 IN SECTION 125.13 OF THE PENAL LAW, OR AGGRAVATED VEHICULAR HOMICIDE  AS
 DESCRIBED IN SECTION 125.14 OF THE PENAL LAW.
   2.  IN  THE  EVENT THAT A VEHICULAR ASSAILANT, AS DEFINED IN PARAGRAPH
 (G) OF SUBDIVISION ONE OF THIS SECTION CAUSES THE DEATH OF A  PARENT  OR
 GUARDIAN  OF  AN  INDIVIDUAL UNDER THE AGE OF TWENTY-ONE, SUCH ASSAILANT
 SHALL BE CHARGEABLE WITH THE SUPPORT OF SUCH SURVIVING CHILD, AS DEFINED
 IN PARAGRAPH (E) OF SUBDIVISION ONE OF THIS SECTION, AND,  IF  POSSESSED
 OF SUFFICIENT MEANS OR ABLE TO EARN SUCH MEANS, SHALL BE REQUIRED TO PAY
 CHILD  SUPPORT,  AS  DEFINED IN PARAGRAPH (A) OF SUBDIVISION ONE OF THIS
 SECTION, TO A SURVIVING PARENT OR GUARDIAN IN A FAIR AND REASONABLE  SUM
 AS  THE  COURT  MAY  DETERMINE. THE COURT SHALL MAKE ITS AWARD FOR CHILD
 SUPPORT PURSUANT TO THE PROVISIONS OF THIS SECTION.
   3. THE COURT SHALL CALCULATE THE CHILD SUPPORT OBLIGATION IN AN AMOUNT
 IT DEEMS TO BE JUST AND APPROPRIATE. SUCH FINDING SHALL  BE  BASED  UPON
 CONSIDERATION OF THE FOLLOWING FACTORS:
   (A)  THE  FINANCIAL  RESOURCES OF THE VEHICULAR ASSAILANT AND THOSE OF
 THE CHILD AND SURVIVING PARENT OR GUARDIAN;
   (B) THE INCOME, AS CALCULATED PURSUANT TO PARAGRAPH (C) OF SUBDIVISION
 ONE OF THIS SECTION, OF THE VEHICULAR ASSAILANT  AND  OF  THE  SURVIVING
 PARENT OR GUARDIAN;
   (C)  THE  PHYSICAL  AND  EMOTIONAL  HEALTH OF THE CHILD AND HIS OR HER
 SPECIAL NEEDS AND APTITUDES;
   (D) THE STANDARD OF LIVING THE CHILD WOULD HAVE ENJOYED HAD HIS OR HER
 PARENT NOT BEEN KILLED BY THE VEHICULAR ASSAILANT;
   (E) THE TAX CONSEQUENCES TO THE PARTIES;
   (F) THE EDUCATIONAL NEEDS OF THE VEHICULAR ASSAILANT AND/OR THE CHILD;
   (G) THE NEEDS OF THE CHILD OR CHILDREN OF THE VEHICULAR ASSAILANT  FOR
 WHOM  THE  ASSAILANT  IS  PROVIDING  SUPPORT  WHO ARE NOT SUBJECT TO THE
 INSTANT ACTION AND WHOSE SUPPORT  HAS  NOT  BEEN  DEDUCTED  FROM  INCOME
 PURSUANT TO CLAUSE (C) OF SUBPARAGRAPH (VI) OF PARAGRAPH (C) OF SUBDIVI-
 SION  ONE  OF  THIS  SECTION,  AND THE FINANCIAL RESOURCES OF ANY PERSON
 OBLIGATED TO SUPPORT SUCH CHILD OR  CHILDREN,  PROVIDED,  HOWEVER,  THAT
 THIS  FACTOR  MAY  APPLY ONLY IF THE RESOURCES AVAILABLE TO SUPPORT SUCH
 CHILD OR CHILDREN ARE LESS THAN THE RESOURCES AVAILABLE TO  SUPPORT  THE
 CHILD OR CHILDREN WHO ARE SUBJECT TO THE INSTANT ACTION;
   (H)  THE LENGTH OF THE SENTENCE TO BE SERVED OR CURRENTLY BEING SERVED
 BY THE VEHICULAR ASSAILANT FOR THE  CRIMES  CAUSING  THE  DEATH  OF  THE
 DECEASED PARENT OR GUARDIAN OR FOR ANY OTHER CRIME;
   (I)  THE  EDUCATIONAL  AND EMPLOYMENT NEEDS OF THE VEHICULAR ASSAILANT
 AFTER HIS OR HER PERIOD OF INCARCERATION, INCLUDING  THE  NEED  FOR  THE
 ASSAILANT  TO  FIND NEW EMPLOYMENT AND THE EASE WITH WHICH HE OR SHE MAY
 BE ABLE TO DO SO;
   (J) CHILD CARE EXPENSES OF THE SURVIVING PARENT OR GUARDIAN; AND
   (K) ANY OTHER FACTORS THE COURT DETERMINES ARE RELEVANT IN EACH  CASE.
 THE COURT SHALL SET FORTH, IN A WRITTEN ORDER, THE FACTORS IT CONSIDERED
 WHEN  DETERMINING  THE AMOUNT OF THE CHILD SUPPORT OBLIGATION TO BE PAID
 BY A VEHICULAR ASSAILANT TO A SURVIVING PARENT OR GUARDIAN.
   4. THE COURT SHALL GIVE STRONG CONSIDERATION TO THE  FINANCIAL  STATUS
 OF  THE  VEHICULAR ASSAILANT UPON RELEASE FROM INCARCERATION, ACCOUNTING
 FOR COURT FINES AND FEES AND OTHER DEBTS TO THE STATE PREVIOUSLY PAID OR
 TO BE PAID BY SUCH ASSAILANT. IN NO CASE SHALL THE COURT ORDER AN AMOUNT
 S. 9489                             4

 OF BASIC CHILD SUPPORT OBLIGATION WHICH WOULD PLACE AN UNDUE  OR  EXCES-
 SIVE  FINANCIAL  BURDEN  UPON  A VEHICULAR ASSAILANT AND/OR SEVERELY AND
 ADVERSELY IMPACT THEIR ECONOMIC CONDITION UPON RELEASE  FROM  INCARCERA-
 TION,  GIVING FULL CONSIDERATION TO THE STATE OF SUCH ASSAILANT'S FINAN-
 CIAL RESOURCES AND BARRIERS HE OR SHE MAY FACE IN FUTURE EMPLOYMENT.
   5.  NOTWITHSTANDING  THE  PROVISIONS  OF  SUBDIVISION  THREE  OF  THIS
 SECTION,  WHERE  THE ANNUAL AMOUNT OF THE CHILD SUPPORT OBLIGATION WOULD
 REDUCE THE VEHICULAR ASSAILANT'S INCOME BELOW THE POVERTY INCOME  GUIDE-
 LINES  AMOUNT  FOR A SINGLE PERSON AS REPORTED BY THE FEDERAL DEPARTMENT
 OF HEALTH AND HUMAN SERVICES, THE BASIC CHILD SUPPORT  OBLIGATION  SHALL
 BE  TWENTY-FIVE  DOLLARS  PER  MONTH.  NOTWITHSTANDING THE PROVISIONS OF
 SUBDIVISION THREE OF THIS SECTION, WHERE THE ANNUAL AMOUNT OF THE  CHILD
 SUPPORT  OBLIGATION  WOULD REDUCE THE VEHICULAR ASSAILANT'S INCOME BELOW
 THE SELF-SUPPORT RESERVE BUT NOT BELOW  THE  POVERTY  INCOME  GUIDELINES
 AMOUNT  FOR  A  SINGLE  PERSON  AS REPORTED BY THE FEDERAL DEPARTMENT OF
 HEALTH AND HUMAN SERVICES, THE CHILD SUPPORT OBLIGATION SHALL  BE  FIFTY
 DOLLARS  PER  MONTH  OR THE DIFFERENCE BETWEEN THE VEHICULAR ASSAILANT'S
 INCOME AND THE SELF-SUPPORT RESERVE, WHICHEVER IS GREATER.
   6. WHERE A VEHICULAR ASSAILANT IS OR MAY BE ENTITLED TO  RECEIVE  NON-
 RECURRING  PAYMENTS  FROM EXTRAORDINARY SOURCES NOT OTHERWISE CONSIDERED
 AS INCOME PURSUANT TO THIS SECTION, INCLUDING BUT NOT LIMITED TO:
   (A) LIFE INSURANCE POLICIES;
   (B) DISCHARGES OF INDEBTEDNESS;
   (C) RECOVERY OF BAD DEBTS AND DELINQUENCY AMOUNTS;
   (D) GIFTS AND INHERITANCES; AND
   (E) LOTTERY WINNINGS,
 THE COURT, IN ACCORDANCE WITH SUBDIVISION THREE  OF  THIS  SECTION,  MAY
 ALLOCATE  A  PROPORTION  OF  THE  SAME TO CHILD SUPPORT, AND SUCH AMOUNT
 SHALL BE PAID IN A MANNER DETERMINED BY THE COURT.
   7. A VALIDLY EXECUTED AGREEMENT  OR  STIPULATION  VOLUNTARILY  ENTERED
 INTO  BETWEEN  THE  PARTIES  AFTER  THE  EFFECTIVE  DATE OF THIS SECTION
 PRESENTED TO THE COURT FOR INCORPORATION IN AN ORDER OR  JUDGMENT  SHALL
 INCLUDE  A  PROVISION  STATING THAT THE PARTIES HAVE BEEN ADVISED OF THE
 PROVISIONS OF THIS SECTION. NOTHING CONTAINED IN THIS SECTION  SHALL  BE
 CONSTRUED  TO  ALTER THE RIGHTS OF THE PARTIES TO VOLUNTARILY ENTER INTO
 VALIDLY EXECUTED AGREEMENTS OR STIPULATIONS WHICH DEVIATE FROM THE CHILD
 SUPPORT OBLIGATION PROVIDED HEREIN  PROVIDED  THAT  SUCH  AGREEMENTS  OR
 STIPULATIONS COMPLY WITH THE PROVISIONS OF THIS SECTION.
   8.  IN  ADDITION  TO  FINANCIAL  DISCLOSURE  REQUIRED  IN SECTION FOUR
 HUNDRED TWENTY-FOUR-A OF THIS ARTICLE, THE COURT MAY  REQUIRE  THAT  THE
 INCOME  AND/OR  EXPENSES  OF  ANY  PARTY  BE VERIFIED WITH DOCUMENTATION
 INCLUDING, BUT NOT LIMITED TO, PAST  AND  PRESENT  INCOME  TAX  RETURNS,
 EMPLOYER  STATEMENTS,  PAY  STUBS,  CORPORATE,  BUSINESS, OR PARTNERSHIP
 BOOKS AND RECORDS, CORPORATE AND BUSINESS TAX RETURNS, AND RECEIPTS  FOR
 EXPENSES  OR  SUCH  OTHER  MEANS OF VERIFICATION AS THE COURT DETERMINES
 APPROPRIATE. NOTHING HEREIN SHALL AFFECT ANY  PARTY'S  RIGHT  TO  PURSUE
 DISCOVERY PURSUANT TO THIS CHAPTER OR THE CIVIL PRACTICE LAW AND RULES.
   9.  THE  COURT  SHALL RETAIN DISCRETION IN DETERMINING (A) THE DATE BY
 WHICH A VEHICULAR ASSAILANT SHALL BE REQUIRED TO BEGIN THE CHILD SUPPORT
 PAYMENTS DESCRIBED HEREIN AND (B) THE DURATION OF TIME OF SUCH PAYMENTS,
 GIVING DUE ACCOUNT TO THE AGE OF THE SURVIVING CHILD AND THE  LENGTH  OF
 THE  VEHICULAR  ASSAILANT'S  INCARCERATION,  PROVIDED THAT CHILD SUPPORT
 PAYMENTS SHALL ONLY BE ORDERED FOR SURVIVING CHILDREN WHO ARE UNDER  THE
 AGE  OF  TWENTY-ONE  AT  THE  TIME OF THE COMMISSION OF THE CRIME BY THE
 VEHICULAR ASSAILANT WHICH CAUSED THE DEATH  OF  SUCH  SURVIVING  CHILD'S
 DECEASED PARENT OR GUARDIAN.
 S. 9489                             5
 
   10.  IF A SURVIVING CHILD ENTITLED TO RECEIVE CHILD SUPPORT UNDER THIS
 SECTION  HAS  BEEN  PLACED  IN  THE  CUSTODY  OF A LOCAL SOCIAL SERVICES
 DISTRICT IN EITHER FOSTER CARE  OR  A  RESIDENTIAL  FACILITY,  THEN  ANY
 SUPPORT  ORDERED  UNDER  THIS  SECTION SHALL BE PAID TO THE LOCAL SOCIAL
 SERVICES DISTRICT RESPONSIBLE FOR SUCH PLACEMENT OR FACILITY.
   11.    NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  THIS SECTION TO THE
 CONTRARY, THE AMOUNT OF THE CHILD SUPPORT  OBLIGATION  DESCRIBED  HEREIN
 SHALL  BE  REDUCED  BY THE AMOUNT OF ANY CIVIL AWARD PAID BY A VEHICULAR
 ASSAILANT TO A SURVIVING CHILD OR SURVIVING PARENT OR GUARDIAN  PURSUANT
 TO  AN  ACTION BROUGHT AGAINST SUCH ASSAILANT BY SUCH CHILD OR PARENT OR
 GUARDIAN.
   § 2. Paragraph (b) of subdivision 3 of section  413-a  of  the  family
 court  act,  as  added by chapter 398 of the laws of 1997, is amended to
 read as follows:
   (b) Where such objections are timely filed, the cost of living adjust-
 ment shall not take effect, and a hearing  on  the  adjustment  of  such
 order shall be granted pursuant to the provisions of this section, which
 shall result in either:
   (1)  the issuance by the court of a new order of support in accordance
 with the child support standards as set forth in  section  four  hundred
 thirteen OR FOUR HUNDRED NINETEEN of this article; or
   (2)  where  application of the child support standards as set forth in
 section four hundred thirteen OR FOUR HUNDRED NINETEEN of  this  article
 results  in  a determination that no adjustment is appropriate, an order
 of no adjustment.
   § 3. Section 413-a of the family court act is amended by adding a  new
 subdivision 6 to read as follows:
   6.  THE PROVISIONS OF THIS SECTION SHALL APPLY TO CHILD SUPPORT ORDERS
 ISSUED PURSUANT TO SECTION FOUR HUNDRED NINETEEN OF THIS PART.
   § 4. Paragraph (d) of subdivision 2 of section  111-n  of  the  social
 services law, as added by chapter 398 of the laws of 1997, is amended to
 read as follows:
   (d)  "Order"  shall  mean  an original, modified, or adjusted order of
 support; or, after a hearing in response to  objections  to  a  cost  of
 living  adjustment  as  set  forth  in an adjusted order of support, the
 order of support reflecting the application of the child support  stand-
 ards pursuant to section two hundred forty of the domestic relations law
 or  section four hundred thirteen OR FOUR HUNDRED NINETEEN of the family
 court act, or an order of no adjustment.
   § 5. This act shall take effect immediately and  shall  apply  to  all
 offenses and actions commenced on and after such effective date.

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Senate Bill S9489

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

2021-S9489 (ACTIVE) - Details

2021-S9489 (ACTIVE) - Summary

2021-S9489 (ACTIVE) - Sponsor Memo

2021-S9489 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S9489

Share this bill

Sponsored By

Andrew Gounardes

Archive: Last Bill Status - In Senate Committee Rules Committee

2021-S9489 (ACTIVE) - Details

2021-S9489 (ACTIVE) - Summary

2021-S9489 (ACTIVE) - Sponsor Memo

2021-S9489 (ACTIVE) - Bill Text download pdf

Comments