senate Bill S2479A

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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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 21 / Jan / 2011
    • REFERRED TO JUDICIARY
  • 03 / Jun / 2011
    • AMEND AND RECOMMIT TO JUDICIARY
  • 03 / Jun / 2011
    • PRINT NUMBER 2479A
  • 04 / Jan / 2012
    • REFERRED TO JUDICIARY

Summary

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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Bill Details

Versions:
S2479
S2479A
Legislative Cycle:
2011-2012
Current Committee:
Senate Judiciary
Law Section:
Family Court Act
Laws Affected:
Add §458-d, Fam Ct Act
Versions Introduced in 2009-2010 Legislative Cycle:
S3665

Sponsor Memo

BILL NUMBER:S2479A

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

SUMMARY OF 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 willfully accumulated child support arrears equivalent
to or greater than $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 noncompliant 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.

LEGISLATIVE HISTORY:
2008: S.6958A Judiciary Committee/A.9622A Judiciary committee
2009-10: S.3665 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.

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

                                 2479--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 21, 2011
                               ___________

Introduced  by Sen. FLANAGAN -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Judiciary  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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 WILLFULLY ACCUMULATED CHILD SUPPORT ARREARS EQUIVALENT TO
OR  GREATER 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.
                                                           LBD07310-02-1

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