NY State Senate Bill 2023-S2572

Current 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to judiciary
Jan 23, 2023	referred to judiciary

co-Sponsors

2023-S2572 (ACTIVE) - Details

See Assembly Version of this Bill:: A9724
Current Committee:: Senate 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-S2572 (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-S2572 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S2572

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 their adjusted gross income and the number of children
in custody. Child support is a useful way to correct for 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 ensur-
ing 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 will 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:

2022: S9489 - Referred to Rules

 
FISCAL IMPLICATIONS:

TBD

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

2023-S2572 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2572
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 23, 2023
                                ___________
 
 Introduced by Sen. GOUNARDES -- 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 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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06941-01-3
 S. 2572                             2

 
   (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:
   (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.
 S. 2572                             3
 
   (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
 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
 S. 2572                             4
 
 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
 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,
 S. 2572                             5
 
 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.
   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 S2572

Sponsored By

Current Bill Status - In Senate Committee Judiciary Committee

co-Sponsors

2023-S2572 (ACTIVE) - Details

2023-S2572 (ACTIVE) - Summary

2023-S2572 (ACTIVE) - Sponsor Memo

2023-S2572 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2572

Share this bill

Sponsored By

Andrew Gounardes

Current Bill Status - In Senate Committee Judiciary Committee

co-Sponsors

Pamela Helming

Shelley B. Mayer

Mark Walczyk

2023-S2572 (ACTIVE) - Details

2023-S2572 (ACTIVE) - Summary

2023-S2572 (ACTIVE) - Sponsor Memo

2023-S2572 (ACTIVE) - Bill Text download pdf

Comments