Assembly Bill A9724

2023-2024 Legislative Session

Relates to the duty of a vehicular assailant to support a surviving child

download bill text pdf

Sponsored By

Current Bill Status - In Assembly 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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2023-A9724 (ACTIVE) - Details

See Senate Version of this Bill:
S2572
Current Committee:
Assembly Judiciary
Law Section:
Family Court Act
Laws Affected:
Add §419, amd §413-a, Fam Ct Act; amd §111-n, Soc Serv L
Versions Introduced in 2021-2022 Legislative Session:
S9489

2023-A9724 (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.

2023-A9724 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9724
 
                           I N  A S S E M B L Y
 
                               April 3, 2024
                                ___________
 
 Introduced by M. of A. EACHUS -- read once and referred to the Committee
   on Judiciary
 
 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.
              

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