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Assembly Bill A6135

2009-2010 Legislative Session

Provides for the payment of compensatory damages in cases of willful violation of an order of support for a child or spouse and for interest on prejudgment arrears

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Archive: Last Bill Status - In Assembly Committee

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2009-A6135 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Family Court Act
Laws Affected:
Amd §454, Fam Ct Act; amd §237, Dom Rel L; amd §5001, CPLR

2009-A6135 (ACTIVE) - Summary

Provides for the payment of compensatory damages in cases of willful violation of an order of support for a child or spouse and for interest on prejudgment arrears in a case of nonpayment of child support or combined child and spousal support.

2009-A6135 (ACTIVE) - Sponsor Memo

2009-A6135 (ACTIVE) - Bill Text download pdf 

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

                                  6135

                       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 family court act, the domestic relations law and the
  civil  practice law and rules, in relation to the payment of compensa-
  tory damages for willful violation of an order of support and  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  3  of section 454 of the family court act is
amended by adding a new paragraph (d) to read as follows:
  (D) ORDER THE RESPONDENT TO  PAY  COMPENSATION  FOR  DAMAGES  DIRECTLY
RESULTING  FROM  SUCH  WILLFUL VIOLATION, INCLUDING, BUT NOT LIMITED TO,
LOST WAGES, INTEREST, LATE CHARGES OR PENALTIES INCURRED BY  THE  CUSTO-
DIAL PARENT OR RECIPIENT OF SPOUSAL SUPPORT.
  S 2. The section heading of section 237 of the domestic relations law,
as  amended  by  chapter  287  of the laws of 1983, is amended and a new
subdivision (e) is added to read as follows:
  Counsel fees, COMPENSATORY DAMAGES, and expenses.
  (E) IN ANY ACTION OR PROCEEDING FOR FAILURE TO OBEY ANY  LAWFUL  ORDER
COMPELLING  PAYMENT OF SUPPORT OR MAINTENANCE OR DISTRIBUTIVE AWARD, THE
COURT MAY, UPON A FINDING THAT  SUCH  FAILURE  WAS  WILLFUL,  ORDER  THE
RESPONDENT  TO PAY COMPENSATION FOR DAMAGES DIRECTLY RESULTING FROM SUCH
WILLFUL VIOLATION, INCLUDING, BUT NOT LIMITED TO, LOST WAGES,  INTEREST,
LATE  CHARGES OR PENALTIES INCURRED BY THE CUSTODIAL PARENT OR RECIPIENT
OF SPOUSAL SUPPORT.
  S 3. Subdivision (a) of section 5001 of the  civil  practice  law  and
rules is amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01557-01-9

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