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Senate Bill S3665

2009-2010 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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Archive: Last Bill Status - In Senate Committee Judiciary Committee

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2009-S3665 (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:
2011-2012: S2479
2013-2014: S1453
2015-2016: S2586

2009-S3665 (ACTIVE) - Summary

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

2009-S3665 (ACTIVE) - Sponsor Memo

2009-S3665 (ACTIVE) - Bill Text download pdf 

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

                                  3665

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 27, 2009
                               ___________

Introduced  by Sens. FLANAGAN, LARKIN, PADAVAN, VOLKER -- 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 ACCUMULATED CHILD SUPPORT ARREARS EQUIVALENT TO OR GREAT-
ER  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.
                                                           LBD04090-01-9

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