Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Sep 23, 2014 |
signed chap.373 |
Sep 11, 2014 |
delivered to governor |
Jun 12, 2014 |
returned to assembly passed senate 3rd reading cal.1355 substituted for s7535 |
Jun 02, 2014 |
referred to judiciary delivered to senate passed assembly |
May 15, 2014 |
advanced to third reading cal.737 |
May 13, 2014 |
reported |
May 01, 2014 |
referred to judiciary |
Assembly Bill A9464
Signed By Governor2013-2014 Legislative Session
Sponsored By
BARRETT
Archive: Last Bill Status - Signed by Governor
- 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
co-Sponsors
Helene Weinstein
David Weprin
2013-A9464 (ACTIVE) - Details
- See Senate Version of this Bill:
- S7535
- Law Section:
- Family Court Act
- Laws Affected:
- Amd §451, Fam Ct Act
2013-A9464 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 9464 I N A S S E M B L Y May 1, 2014 ___________ Introduced by M. of A. BARRETT, WEINSTEIN -- (at request of the Office of Court Administration) -- read once and referred to the Committee on Judiciary AN ACT to amend the family court act, in relation to applications to modify orders of child support in the family court THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 451 of the family court act, as amended by chapter 182 of the laws of 2010, is amended to read as follows: S 451. Continuing jurisdiction. 1. Except as provided in article five-B of this act, the court has continuing jurisdiction over any support proceeding brought under this article until its judgment is completely satisfied and may modify, set aside or vacate any order issued in the course of the proceeding, provided, however, that the modification, set aside or vacatur shall not reduce or annul child support arrears accrued prior to the making of an application pursuant to this section. The court shall not reduce or annul any other arrears unless the defaulting party shows good cause for failure to make appli- cation for relief from the judgment or order directing payment prior to the accrual of the arrears, in which case the facts and circumstances constituting such good cause shall be set forth in a written memorandum of decision. A modification may increase support payments nunc pro tunc as of the date of the initial application for support based on newly discovered evidence. Any retroactive amount of support due shall be paid and be enforceable as provided in section four hundred forty of this article. Upon an application to [modify,] set aside or vacate an order of support, no hearing shall be required unless such application shall be supported by affidavit and other evidentiary material sufficient to establish a prima facie case for the relief requested. 2. A PROCEEDING TO MODIFY AN ORDER OF SUPPORT SHALL BE COMMENCED BY THE FILING OF A PETITION WHICH SHALL ALLEGE FACTS SUFFICIENT TO MEET ONE OR MORE OF THE GROUNDS ENUMERATED IN SUBDIVISION THREE OF THIS SECTION. 3. (a) The court may modify an order of child support, including an order incorporating without merging an agreement or stipulation of the EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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