NY State Senate Bill 2009-S3665

Senate Bill S3665

2009-2010 Legislative Session

Provides for accumulated child support arrears equivalent to or greater than ten thousand dollars to be punishable as a class E felony

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Archive: Last 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to judiciary
Mar 27, 2009	referred to judiciary

co-Sponsors

2009-S3665 (ACTIVE) - Details

Current Committee:: Senate Judiciary
Law Section:: Family Court Act
Laws Affected:: Add §458-d, Fam Ct Act
Versions Introduced in Other Legislative Sessions:: 2011-2012: S2479
2013-2014: S1453
2015-2016: S2586

2009-S3665 (ACTIVE) - Summary

Provides for accumulated child support arrears equivalent to or greater than ten thousand dollars to be punishable as a class E felony.

2009-S3665 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3665

 TITLE OF BILL :

An act to amend the family court act, in relation to enforcement and
punishment for failure to make child support payments


 PURPOSE OR GENERAL IDEA OF BILL :

Provides for accumulated child support arrears equivalent to or
greater than $10,000 to be punishable as a class E felony.

 SUMMARY OF SPECIFIC PROVISIONS :

An act to amend the Family Court Act by adding a new §458-d. In
addition to the relief granted for failure to comply with an order of
support pursuant to the article, an aggrieved party may make an
application pursuant to the provision of §756 of the Judiciary Law to
punish the respondent for contempt and where the judgment or order
directs payment to be made in installments, or at stated intervals,
failure to make such payments may be punished therein provided and
such punishment, either by fine or commitment, shall not be a bar to a
subsequent proceeding to punish the respondent for a contempt for
failure to pay subsequent installments; provided, however if the
respondent has accumulated child support arrears equivalent to or

greater then $10,000, the respondent shall be guilty of a class E
felony punishable in accordance with the Penal Law.

 JUSTIFICATION :

Custodial parents trying to raise their children are often faced with
a non-compliant non-custodial parent, who does not pay their share of
child support. Child support is not a luxury but a means to provide
for a child's basic needs. Failure to comply with paying child support
is a form of child neglect and in extreme cases over $10,000, should
be guilty of a class E felony punishable in accordance with the penal
code. Due to the class E felony distinction, the County Sheriff will
have the jurisdiction to extradite non custodial parents that have
accumulated over $10,000 in arrears and have left the state.

 PRIOR LEGISLATIVE HISTORY :

2008: S.6958A Judiciary Committee/A.9622A Judiciary Committee

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect on the first of November next succeeding
the on which it shall have become law.

2009-S3665 (ACTIVE) - Bill Text download pdf

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

                                  3665

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 27, 2009
                               ___________

Introduced  by Sens. FLANAGAN, LARKIN, PADAVAN, VOLKER -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Judiciary

AN  ACT  to  amend  the family court act, in relation to enforcement and
  punishment for failure to make child support payments

  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
458-d to read as follows:
  S 458-D. ENFORCEMENT OF ARREARS; ADDITIONAL PENALTY.  IN  ADDITION  TO
THE RELIEF GRANTED FOR FAILURE TO COMPLY WITH AN ORDER OF SUPPORT PURSU-
ANT TO THIS ARTICLE, AN AGGRIEVED PARTY MAY MAKE AN APPLICATION PURSUANT
TO THE PROVISION OF SECTION SEVEN HUNDRED FIFTY-SIX OF THE JUDICIARY LAW
TO  PUNISH  A  RESPONDENT  FOR CONTEMPT, AND WHERE THE JUDGMENT OR ORDER
DIRECTS PAYMENT TO BE MADE IN  INSTALLMENTS,  OR  AT  STATED  INTERVALS,
FAILURE  TO MAKE SUCH PAYMENTS OR INSTALLMENT MAY BE PUNISHED AS THEREIN
PROVIDED AND SUCH PUNISHMENT, EITHER BY FINE OR COMMITMENT, SHALL NOT BE
A BAR TO A SUBSEQUENT PROCEEDING TO PUNISH THE RESPONDENT FOR A CONTEMPT
FOR FAILURE TO PAY SUBSEQUENT INSTALLMENTS;  PROVIDED,  HOWEVER  IF  THE
RESPONDENT HAS ACCUMULATED CHILD SUPPORT ARREARS EQUIVALENT TO OR GREAT-
ER  THAN TEN THOUSAND DOLLARS, THE RESPONDENT SHALL BE GUILTY OF A CLASS
E FELONY PUNISHABLE IN ACCORDANCE WITH THE PENAL LAW.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law and shall apply to  any
judgment entered or fine or penalty imposed on any arrears accrued on or
after such date.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04090-01-9

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Senate Bill S3665

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Sponsored By

John J. Flanagan