Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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---|---|
May 26, 2010 |
advanced to third reading |
May 25, 2010 |
2nd report cal. |
May 24, 2010 |
1st report cal.615 |
Apr 27, 2010 |
reported and committed to codes |
Jan 06, 2010 |
referred to children and families |
Jun 18, 2009 |
referred to rules |
Senate Bill S5902
2009-2010 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - On Floor Calendar
- 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
Actions
Votes
2009-S5902 (ACTIVE) - Details
2009-S5902 (ACTIVE) - Sponsor Memo
BILL NUMBER: S5902 TITLE OF BILL : 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 This is one in a series of measures being introduced at the request of the Chief Administrative Judge upon the recommendation of her Family Court Advisory and Rules Committee. In 1993, the New York State Court of Appeals, in Rose v Moody, 83 NY2d 65 1993 , cert. denied, 511 US 1084 1994 , held subdivision (1-b) of section 240 of the Domestic Relations Law and subdivision one of section 413 of the Family Court Act unconstitutional insofar as these provisions impose an inflexible minimum child support obligation against support obligors whose income would, by virtue of the obligation, fall below the poverty level. The Court ruled that the irrebuttable presumption mandating that an indigent, non-custodial parent be ordered to pay a minimum of $25 per month in child support contravened the Federal Child Support Enforcement Act Social Security Act, Title IV-D §467(b)(2), as amended, 42 USCA §667(b)(2) , thus violating the constitutional principle of Federal preemption. While the effect of the Court's ruling has been to require that support
2009-S5902 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5902 2009-2010 Regular Sessions I N S E N A T E June 18, 2009 ___________ Introduced by Sen. MONTGOMERY -- (at request of the Office of Court Administration) -- read twice and ordered printed, and when printed to be committed to the Committee on Rules 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 month or the difference between the non-custodial parent's income and EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10469-03-9
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