S T A T E O F N E W Y O R K
________________________________________________________________________
5420
2009-2010 Regular Sessions
I N A S S E M B L Y
February 13, 2009
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Introduced by M. of A. ERRIGO, CALHOUN, FINCH, GIGLIO -- Multi-Sponsored
by -- M. of A. BURLING, CROUCH, WALKER -- read once and referred to
the Committee on Judiciary
AN ACT to amend the domestic relations law, in relation to providing
social services districts with copies of divorce decrees in certain
instances
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph a of subdivision 7 of part B of section 236 of
the domestic relations law, as amended by chapter 354 of the laws of
1993, is amended to read as follows:
a. In any matrimonial action, or in an independent action for child
support, the court as provided in section two hundred forty of this
[chapter] ARTICLE shall order either or both parents to pay temporary
child support or child support without requiring a showing of immediate
or emergency need. The court shall make an order for temporary child
support notwithstanding that information with respect to income and
assets of either or both parents may be unavailable. Where such infor-
mation is available, the court may make an order for temporary child
support pursuant to section two hundred forty of this article. Such
order shall, except as provided for herein, be effective as of the date
of the application therefor, and any retroactive amount of child support
due shall be support arrears/past due support and shall be paid in one
sum or periodic sums, as the court shall direct, taking into account any
amount of temporary child support which has been paid. In addition, such
retroactive child support shall be enforceable in any manner provided by
law including, but not limited to, an execution for support enforcement
pursuant to subdivision (b) of section fifty-two hundred forty-one of
the civil practice law and rules. When a child receiving support is a
public assistance recipient, or the order of support is being enforced
or is to be enforced pursuant to section one hundred eleven-g of the
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05847-01-9
A. 5420 2
social services law, the court shall establish the amount of retroactive
child support and notify the parties that such amount shall be enforced
by the support collection unit pursuant to an execution for support
enforcement as provided for in subdivision (b) of section fifty-two
hundred forty-one of the civil practice law and rules, or in such peri-
odic payments as would have been authorized had such an execution been
issued. In such case, the court shall not direct the schedule of repay-
ment of retroactive support. The court shall not consider the miscon-
duct of either party but shall make its award for child support pursuant
to section two hundred forty of this article. WHEN ONE OF THE PARTIES
IS DEPENDENT UPON MEDICAID, THE COURT SHALL SERVE DIVORCE DECREE PAPERS
TO THE LOCAL SOCIAL SERVICES DISTRICT AND THE COURT SHALL NOTE THAT ONE
OF THE PARTIES IS DEPENDENT UPON MEDICAID. THE LOCAL SOCIAL SERVICES
DISTRICT SHALL THEN REQUIRE THE OTHER PARTY TO PROVIDE HEALTH INSURANCE
COVERAGE THROUGH HIS OR HER EMPLOYER OR ORGANIZATION.
S 2. This act shall take effect on the sixtieth day after it shall
have become a law.