BILL NUMBER:A11153
TITLE OF BILL: An act to amend the family court act and the domestic
relations law, in relation to removing disability benefits as a source
of income for purposes of reducing a parent's child support calculations
PURPOSE OR GENERAL IDEA OF BILL: This bill will reduce child support
payments by deducting disability benefits as income,
SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends clause (iii) of
subparagraph 5 of paragraph (b) of subdivision 1 of section 413 of the
family court act by adding a section (I); Section 3 amends paragraph of
by adding a new subparagraph 8; Section 4 subparagraph 1 of paragraph
(b) of 1-b of section 240 is amended;
Section 2 clause (iii) of subparagraph 5 of paragraph (b) of subdivision
51-b of section 240 of the domestic relations law, as added by Chapter
567 of the laws of 1989, is amended.
JUSTIFICATION: New York State is one, of just a few states in the nation
that considers disability benefits as income when it comes to determin-
ing the amount of child support the noncustodial parent is required to
pay. But disability income, unlike Social Security benefits, is means-
tested income provided to people with disabilities as a way, to supple-
ment Social Security income. SSI is provided to insure disabled individ-
uals have a minimum level of income needed for subsistence.
S T A T E O F N E W Y O R K
________________________________________________________________________
11153
I N A S S E M B L Y
May 20, 2010
___________
Introduced by M. of A. REILLY -- read once and referred to the Committee
on Judiciary
AN ACT to amend the family court act and the domestic relations law, in
relation to removing disability benefits as a source of income for
purposes of reducing a parent's child support calculations
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Clause (iii) of subparagraph 5 of paragraph (b) of subdi-
vision 1 of section 413 of the family court act, as amended by chapter
567 of the laws of 1989, is amended to read as follows:
(iii) to the extent not already included in gross income in clauses
(i) and (ii) of this subparagraph, the amount of income or compensation
voluntarily deferred and income received, if any, from the following
sources:
(A) workers' compensation,
(B) [disability benefits,
(C)] unemployment insurance benefits,
[(D)] (C) social security benefits,
[(E)] (D) veterans benefits,
[(F)] (E) pensions and retirement benefits,
[(G)] (F) fellowships and stipends, and
[(H)] (G) annuity payments;
S 2. Clause (iii) of subparagraph 5 of paragraph (b) of subdivision
1-b of section 240 of the domestic relations law, as added by chapter
567 of the laws of 1989, is amended to read as follows:
(iii) to the extent not already included in gross income in clauses
(i) and (ii) of this subparagraph, the amount of income or compensation
voluntarily deferred and income received, if any, from the following
sources:
(A) workers' compensation,
(B) [disability benefits,
(C)] unemployment insurance benefits,
[(D)] (C) social security benefits,
[(E)] (D) veterans benefits,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.