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Assembly Bill A2977

2009-2010 Legislative Session

Provides for a finding of intentional paternity fraud

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Archive: Last Bill Status - In Assembly Committee

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2009-A2977 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Family Court Act
Laws Affected:
Add ยง439-b, Fam Ct Act

2009-A2977 (ACTIVE) - Summary

Provides for a finding of intentional paternity fraud; definitions; standard of proof; findings and penalties.

2009-A2977 (ACTIVE) - Bill Text download pdf 

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

                                  2977

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2009
                               ___________

Introduced  by  M. of A. BENJAMIN, ALFANO -- Multi-Sponsored by -- M. of
  A. HOOPER, MAYERSOHN, McDONOUGH --  read  once  and  referred  to  the
  Committee on Judiciary

AN ACT to amend the family court act, in relation to establishing inten-
  tional paternity fraud

  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
439-b to read as follows:
  S  439-B.  INTENTIONAL  PATERNITY  FRAUD.  1. FOR THE PURPOSES OF THIS
SECTION, "INTENTIONAL PATERNITY FRAUD" MEANS ANY  PERSON  WHO  KNOWINGLY
AND  WITH  INTENT  TO  DECEIVE  ANOTHER PERSON FOR FINANCIAL GAIN OR ANY
OTHER FORM OF CONTROL OVER SUCH PERSON, REPRESENTS THAT A CHILD  IS  THE
PRODUCT OF A UNION BETWEEN THE TWO PERSONS.
  2. NOTWITHSTANDING ANY LAW, RULE OR REGULATION TO THE CONTRARY, EITHER
PARTY WITH A CHILD OR CHILDREN IN COMMON MAY REQUEST A HEARING TO DETER-
MINE  WHETHER  INTENTIONAL PATERNITY FRAUD EXISTS. THE STANDARD OF PROOF
REQUIRED TO ESTABLISH LIABILITY SHALL BE CLEAR AND CONVINCING  EVIDENCE.
A FINDING OF INTENTIONAL PATERNITY FRAUD AGAINST A PERSON MAY WARRANT AN
ADJUSTMENT  TO  AN  ORDER OF SUPPORT IN FAVOR OF THE PREVAILING PARTY IF
SUCH ADJUSTMENT IS IN THE BEST INTEREST OF  THE  CHILD  OR  CHILDREN  IN
COMMON.
  3.  UPON  A  FINDING  OF  INTENTIONAL PATERNITY FRAUD, THE COURT SHALL
ASSESS A CIVIL PENALTY OF A FINE OF NOT MORE THAN FIVE HUNDRED  DOLLARS.
THE  COURT  MAY  IN  ITS  DISCRETION ISSUE AN ORDER OF PROTECTION TO THE
PREVAILING PARTY, AS PROVIDED IN ARTICLE  FIVE  HUNDRED  THIRTY  OF  THE
CRIMINAL  PROCEDURE  LAW.  THE  COURT MAY IN ITS DISCRETION REFER EITHER
PARTY OR BOTH FOR COUNSELING IN THE BEST INTEREST OF THE CHILD OR  CHIL-
DREN IN COMMON.
  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05782-01-9

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