Assembly Bill A6134

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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Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-A6134 (ACTIVE) - Details

See Senate Version of this Bill:
S5650
Current Committee:
Senate Codes
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §5001, CPLR
Versions Introduced in 2011-2012 Legislative Session:
S1549

2009-A6134 (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-A6134 (ACTIVE) - Sponsor Memo

2009-A6134 (ACTIVE) - Bill Text download pdf 

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

                                  6134

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 25, 2009
                               ___________

Introduced  by  M. of A. WEINSTEIN, CLARK, PAULIN, JACOBS, ORTIZ, GLICK,
  LANCMAN -- Multi-Sponsored by -- M. of A. CHRISTENSEN, COLTON,  DINOW-
  ITZ, GALEF, GOTTFRIED, HIKIND, HOOPER, JOHN, KAVANAGH, McENENY, PERAL-
  TA, ROSENTHAL -- read once and referred to the Committee on Judiciary

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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