senate Bill S4091B

Relates to orders for child support obligors to seek employment or participate in job training, employment counseling or other available programs

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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

  • 17 / Mar / 2011
    • REFERRED TO JUDICIARY
  • 23 / May / 2011
    • AMEND AND RECOMMIT TO JUDICIARY
  • 23 / May / 2011
    • PRINT NUMBER 4091A
  • 01 / Jun / 2011
    • 1ST REPORT CAL.913
  • 02 / Jun / 2011
    • 2ND REPORT CAL.
  • 06 / Jun / 2011
    • ADVANCED TO THIRD READING
  • 13 / Jun / 2011
    • AMENDED ON THIRD READING 4091B
  • 16 / Jun / 2011
    • SUBSTITUTED BY A7794A

Summary

Relates to orders for child support obligors to seek employment or participate in job training, employment counseling or other available programs designed to lead to employment.

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Bill Details

See Assembly Version of this Bill:
A7794A
Versions:
S4091
S4091A
S4091B
Legislative Cycle:
2011-2012
Law Section:
Family Court Act
Laws Affected:
Amd §§437-a & 454, Fam Ct Act; amd §111-h, Soc Serv L

Sponsor Memo

BILL NUMBER:S4091B

TITLE OF BILL:
An act
to amend the family court act and the
social services law, in relation to
orders for child support obligors to seek employment or participate in
job training, employment counseling or other available programs designed
to lead to employment

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.

Chapter 182 of the Laws of 2010 added a new section 437-a to the
Family Court Act authorizing Family Court to require individuals who
are liable for child support, other than those who are receiving
supplemental security income or social security disability benefits,
to seek employment or to participate in job training, employment
counseling or other available programs designed to lead to
employment. This salutary provision adds to the tools available to
Family Court to enhance the collection of child support for the
benefit of children and families. However, in two respects, the new
statute is unnecessarily limiting, that is, in the individuals
covered by the law and in the phases of child support proceedings to
which the law applies. This measure would remove these limitations.

First, the measure would substitute the phrase "support obligor" for
the term "respondent" in both Family Court Act §437-a and Social
Services Law § 111-h, since the parent liable for child support is
not always the respondent in the proceeding before Family Court. For
example, a parent who seeks a downward modification of his or her
child support obligation is deemed the petitioner in such an action.
Significantly, the legislative history behind chapter 182 uses the
phrase "non-custodial parent," not respondent, indicating a
legislative intent that the statute not be limited in scope to
respondents. See Legislative Memorandum in Support of A. 8952 [2010].
Moreover, the
Federal requirement for states to have procedures in place for
issuance of employment-related orders applies to individuals who owe
"overdue" child support, not simply respondents in-child support
proceedings. See 42 U.S.C.A. §666(a)(15).

Second, the measure would amend section 437-a to authorize
employment-related orders to be made in proceedings to decrease or
enforce, as well as to establish, orders of child support and would
harmonize section 454 of the Family Court Act with the parameters of
the new statute. Family Court Act §437-a refers only to proceedings
to establish child support, thus implying that employment-related
directives may only be issued at the stage of issuance of an initial
order of child support. This creates an apparent inconsistency with
Family Court Act §454, which permits such orders to be made as a
remedy for violations of child support orders albeit only in cases
where the persons for whom the support obligor has failed to pay
support are applicants for or recipients of public assistance.
Moreover, Family Court Act §437-a in its current form fails to


authorize such orders in proceedings in which support obligors seek
downward modifications of child support orders in which they may be
extremely helpful. This measure would, therefore, encompass downward
modification and violation proceedings in the authorization for
employment-related directives. With respect to violation -
proceedings, it would expand the work program referral provision
s of section 454 of the Family Court Act (FCA 454(2)) to include all
child support obligors who have failed to pay child support as
ordered and not just those who are obligated to pay support for
applicants or recipients of public assistance.

This measure, which would have no fiscal impact upon the State, would
take effect on the ninetieth day after it shall have become a law.

2011 LEGISLATIVE HISTORY:
Senate 4091 (Savino) 3rd Rdg.
Assembly 7794 (M. of A. Weinstein) [Codes]

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

                                 4091--B
    Cal. No. 913

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 17, 2011
                               ___________

Introduced by Sen. SAVINO -- (at request of the Office of Court Adminis-
  tration)  --  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 commit-
  tee -- reported favorably from said committee, ordered  to  first  and
  second  report,  ordered  to  a  third  reading,  amended  and ordered
  reprinted, retaining its place in the order of third reading

AN ACT to amend the family court act and the  social  services  law,  in
  relation  to  orders  for child support obligors to seek employment or
  participate in job training, employment counseling or other  available
  programs designed to lead to employment

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

  Section 1. Section 437-a of the family court act, as added by  chapter
182 of the laws of 2010, is amended to read as follows:
  S  437-a.  Referral  to work programs. In any proceeding to establish,
DECREASE OR ENFORCE an order of support,  if  the  [respondent]  SUPPORT
OBLIGOR  is  unemployed,  the court may require the [respondent] SUPPORT
OBLIGOR to seek employment, or to participate in job  training,  employ-
ment  counseling  or  other  programs  designed  to  lead  to employment
provided such programs are available. The court shall  not  require  the
[respondent] SUPPORT OBLIGOR to seek employment or to participate in job
training,  employment  counseling, or other programs designed to lead to
employment under this section if the [respondent] SUPPORT OBLIGOR is  in
receipt  of  supplemental  security income or social security disability
benefits.
  S 2.  Subdivision 2 of section 454 of the family court act is  amended
by adding a new paragraph (i) to read as follows:
  (I) EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH (H) OF THIS SUBDIVISION,
THE  COURT  MAY  REQUIRE  THE RESPONDENT TO PARTICIPATE IN JOB TRAINING,
EMPLOYMENT COUNSELING OR OTHER PROGRAMS DESIGNED TO LEAD  TO  EMPLOYMENT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09518-06-1

S. 4091--B                          2

IF  AUTHORIZED  PURSUANT  TO SECTION FOUR HUNDRED THIRTY-SEVEN-A OF THIS
ARTICLE PROVIDED SUCH PROGRAMS ARE AVAILABLE.
  S  3.  Subdivision  20 of section 111-h of the social services law, as
added by chapter 182 of the laws of 2010, is amended to read as follows:
  20. If the [respondent] SUPPORT OBLIGOR is required to participate  in
work  programs  pursuant  to  section four hundred thirty-seven-a of the
family court act, and the court enters an order of support on behalf  of
the persons in receipt of public assistance, the support collection unit
shall  not file a petition to increase the support obligation for twelve
months from the date of entry of the order of support if  the  [respond-
ent's]  SUPPORT  OBLIGOR'S  income is derived from participation in such
programs.
  S 4. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

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