S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8523

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              May 27, 2009
                               ___________

Introduced  by M. of A. O'DONNELL, WEINSTEIN -- Multi-Sponsored by -- M.
  of A. COOK, GABRYSZAK,  GALEF,  HYER-SPENCER,  JAFFEE,  JOHN,  LAVINE,
  ROBINSON,  SWEENEY  --  (at  request  of  the Office of Court Adminis-
  tration) -- read once and referred to the Committee on Judiciary

AN ACT to amend the domestic relations law and the family court act,  in
  relation  to  the  child  support obligation of indigent non-custodial
  parents

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Paragraphs (d), (g) and (i) of subdivision 1-b of section
240 of the domestic relations law, paragraphs (d) and (i)  as  added  by
chapter  567 of the laws of 1989 and paragraph (g) as amended by chapter
41 of the laws of 1992, are amended to read as follows:
  (d) Notwithstanding the provisions of paragraph (c) of  this  subdivi-
sion,  where  the  annual  amount  of the basic child support obligation
would reduce the non-custodial parent's income below the poverty  income
guidelines amount for a single person as reported by the federal depart-
ment  of  health  and human services, the basic child support obligation
shall be twenty-five dollars per month [or the  difference  between  the
non-custodial parent's income and the self-support reserve, whichever is
greater],  PROVIDED,  HOWEVER,  THAT  IF THE COURT FINDS THAT SUCH BASIC
CHILD SUPPORT OBLIGATION IS UNJUST OR INAPPROPRIATE, WHICH FINDING SHALL
BE BASED UPON CONSIDERATIONS OF THE FACTORS SET FORTH IN  PARAGRAPH  (F)
OF  THIS  SUBDIVISION, THE COURT SHALL ORDER THE NON-CUSTODIAL PARENT TO
PAY SUCH AMOUNT OF THE CHILD SUPPORT AS THE COURT FINDS JUST AND  APPRO-
PRIATE.   Notwithstanding the provisions of paragraph (c) of this subdi-
vision, where the annual amount of the basic  child  support  obligation
would  reduce  the  non-custodial parent'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 basic child support obligation shall be fifty dollars  per

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10469-03-9
              

A. 8523                             2

month  or  the  difference between the non-custodial parent's income and
the self-support reserve, whichever  is  greater,  IN  ADDITION  TO  ANY
AMOUNTS  THAT THE COURT MAY, IN ITS DISCRETION, ORDER IN ACCORDANCE WITH
SUBPARAGRAPHS  FOUR,  FIVE,  SIX  AND/OR  SEVEN OF PARAGRAPH (C) OF THIS
SUBDIVISION.
  (g) Where the court finds that the  non-custodial  parent's  pro  rata
share  of the basic child support obligation is unjust or inappropriate,
the court shall order the non-custodial parent to  pay  such  amount  of
child  support  as  the  court finds just and appropriate, and the court
shall set forth, in a written order,  the  factors  it  considered;  the
amount  of  each party's pro rata share of the basic child support obli-
gation; and the reasons that the court did not  order  the  basic  child
support  obligation.    Such  written  order may not be waived by either
party or counsel;  provided,  however,  and  notwithstanding  any  other
provision  of  law,  the  court  shall  not  find that the non-custodial
parent's pro rata share of such obligation is unjust or inappropriate on
the basis that such share exceeds the portion  of  a  public  assistance
grant  which  is  attributable  to  a child or children. [In no instance
shall the court  order  child  support  below  twenty-five  dollars  per
month.] Where the non-custodial parent's income is less than or equal to
the  poverty income guidelines amount for a single person as reported by
the federal department  of  health  and  human  services,  unpaid  child
support arrears in excess of five hundred dollars shall not accrue.
  (i)  Where  either  or both parties are unrepresented, the court shall
not enter an order or judgment other than a temporary order pursuant  to
section  two  hundred  thirty-seven  of  this  article,  that includes a
provision for child support unless the unrepresented  party  or  parties
have received a copy of the child support standards chart promulgated by
the  commissioner of [social services] THE OFFICE OF TEMPORARY AND DISA-
BILITY ASSISTANCE pursuant to subdivision two  of  section  one  hundred
eleven-i of the social services law. Where either party is in receipt of
child  support  enforcement  services  through the local social services
district, the local social services district child  support  enforcement
unit  shall  advise such party of the amount derived from application of
the child support percentage and that such amount serves as  a  starting
point  for  the  determination  of  the  child  support award, and shall
provide such party with a copy of the child support standards chart. [In
no instance shall the court approve any voluntary support  agreement  or
compromise  that  includes an amount for child support less than twenty-
five dollars per month.]
  S 2. Paragraphs (d), (g) and (i) of subdivision 1 of  section  413  of
the  family court act, paragraphs (d) and (i) as added by chapter 567 of
the laws of 1989 and paragraph (g) as amended by chapter 41 of the  laws
of 1992, are amended to read as follows:
  (d)  Notwithstanding  the provisions of paragraph (c) of this subdivi-
sion, where the annual amount of  the  basic  child  support  obligation
would  reduce the non-custodial parent's income below the poverty income
guidelines amount for a single person as reported by the federal depart-
ment of health and human services, the basic  child  support  obligation
shall  be  twenty-five  dollars per month [or the difference between the
non-custodial parent's income and the self-support reserve, whichever is
greater]; PROVIDED, HOWEVER, THAT IF THE COURT  FINDS  THAT  SUCH  BASIC
CHILD SUPPORT OBLIGATION IS UNJUST OR INAPPROPRIATE, WHICH FINDING SHALL
BE  BASED  UPON CONSIDERATIONS OF THE FACTORS SET FORTH IN PARAGRAPH (F)
OF THIS SUBDIVISION, THEN THE COURT SHALL ORDER THE NON-CUSTODIAL PARENT
TO PAY SUCH AMOUNT OF THE CHILD SUPPORT AS  THE  COURT  FINDS  JUST  AND

A. 8523                             3

APPROPRIATE.    Notwithstanding  the provisions of paragraph (c) of this
subdivision, where the annual amount of the basic  child  support  obli-
gation  would  reduce  the non-custodial parent'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 basic child support obligation shall be fifty dollars  per
month  or  the  difference between the non-custodial parent's income and
the self-support reserve, whichever  is  greater,  IN  ADDITION  TO  ANY
AMOUNTS  THAT THE COURT MAY, IN ITS DISCRETION, ORDER IN ACCORDANCE WITH
SUBPARAGRAPHS FOUR, FIVE, SIX AND/OR SEVEN  OF  PARAGRAPH  (C)  OF  THIS
SUBDIVISION.
  (g)  Where  the  court  finds that the non-custodial parent's pro rata
share of the basic child support obligation is unjust or  inappropriate,
the  court  shall  order  the non-custodial parent to pay such amount of
child support as the court finds just and  appropriate,  and  the  court
shall  set  forth,  in  a  written order, the factors it considered; the
amount of each party's pro rata share of the basic child  support  obli-
gation;  and  the  reasons  that the court did not order the basic child
support obligation.   Such written order may not  be  waived  by  either
party  or  counsel;  provided,  however,  and  notwithstanding any other
provision of law, including but not  limited  to  section  four  hundred
fifteen of this [act] PART, the court shall not find that the non-custo-
dial parent's pro rata share of such obligation is unjust or inappropri-
ate on the basis that such share exceeds the portion of a public assist-
ance grant which is attributable to a child or children. [In no instance
shall  the  court  order  child  support  below  twenty-five dollars per
month.] Where the non-custodial parent's income is less than or equal to
the poverty income guidelines amount for a single person as reported  by
the  federal  department  of  health  and  human  services, unpaid child
support arrears in excess of five hundred dollars shall not accrue.
  (i) Where either or both parties are unrepresented,  the  court  shall
not  enter an order or judgment other than a temporary order pursuant to
section  two  hundred  thirty-seven  of  [this  article]  THE   DOMESTIC
RELATIONS  LAW,  that  includes a provision for child support unless the
unrepresented party or parties have received a copy of the child support
standards chart promulgated by the commissioner of [social services] THE
OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE  pursuant  to  subdivision
two  of  section  one hundred eleven-i of the social services law. Where
either party is in receipt of child support enforcement services through
the local social services district, the local social  services  district
child  support  enforcement  unit  shall advise such party of the amount
derived from application of the child support percentage and  that  such
amount  serves  as  a  starting point for the determination of the child
support award, and shall provide such party with a  copy  of  the  child
support  standards  chart.  [In  no instance shall the court approve any
voluntary support agreement or compromise that includes  an  amount  for
child support less than twenty-five dollars per month.]
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law.