Senate Bill S1453

2013-2014 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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Sponsored By

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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2013-S1453 (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:
2009-2010: S3665
2011-2012: S2479
2015-2016: S2586

2013-S1453 (ACTIVE) - Summary

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

2013-S1453 (ACTIVE) - Sponsor Memo

2013-S1453 (ACTIVE) - Bill Text download pdf 

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

                                  1453

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sens. FLANAGAN, LARKIN -- 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 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.
                                                           LBD05630-01-3

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