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Senate Bill S5650

2009-2010 Legislative Session

Provides for the payment of interest on prejudgment arrears child support and combined child and spousal support pursuant to a court order

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Archive: Last Bill Status - In Senate Committee Codes Committee

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2009-S5650 (ACTIVE) - Details

See Assembly Version of this Bill:
A6134
Current Committee:
Senate Codes
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd ยง5001, CPLR
Versions Introduced in 2011-2012 Legislative Session:
S1549

2009-S5650 (ACTIVE) - Summary

Provides for the payment of interest on prejudgment arrears child support and combined child and spousal support pursuant to a court order.

2009-S5650 (ACTIVE) - Sponsor Memo

2009-S5650 (ACTIVE) - Bill Text download pdf 

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

                                  5650

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              May 26, 2009
                               ___________

Introduced  by  Sen. SAMPSON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the civil practice law and rules, in relation to author-
  izing the imposition of  prejudgment  interest  in  certain  cases  of
  nonpayment of support

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

  Section 1.  Subdivision (a) of section 5001 of the civil practice  law
and rules is amended to read as follows:
  (a)  Actions  in which recoverable. Interest shall be recovered upon a
sum awarded because of a breach  of  performance  of  a  contract,  [or]
because  of  an  act or omission depriving or otherwise interfering with
title to, or possession or enjoyment of, property, OR BECAUSE OF A FAIL-
URE TO PAY CHILD SUPPORT OR COMBINED CHILD AND SPOUSAL SUPPORT  PURSUANT
TO  A  COURT  ORDER,  except  that  in an action of an equitable nature,
interest and the rate and date from which it shall be computed shall  be
in the court's discretion.
  S 2. This act shall take effect immediately and shall apply to actions
and proceedings commenced on or after such effective date.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09400-01-9

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