senate Bill S2479A

2011-2012 Legislative Session

Provides for accumulated child support arrears equivalent to or greater than ten thousand dollars to be punishable as a class E felony

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to judiciary
Jun 03, 2011 print number 2479a
amend and recommit to judiciary
Jan 21, 2011 referred to judiciary

Bill Amendments

Original
A (Active)
Original
A (Active)

S2479 - Bill Details

Current Committee:
Law Section:
Family Court Act
Laws Affected:
Add §458-d, Fam Ct Act
Versions Introduced in 2009-2010 Legislative Session:
S3665

S2479 - Bill Texts

view summary

Provides for accumulated child support arrears equivalent to or greater than ten thousand dollars to be punishable as a class E felony.

view sponsor memo
BILL NUMBER:S2479

TITLE OF BILL:

An act
to amend the family court act, in relation to enforcement and punishment
for failure to make child support payments

PURPOSE OR GENERAL IDEA OF BILL:

Provides for accumulated child support arrears equivalent to or
greater than $10,000 to be punishable as a class E felony.

SUMMARY OF SPECIFIC PROVISIONS:

An act to amend the Family Court Act by adding a new §458-d. In
addition to the relief granted for failure to comply with an order of
support pursuant to the article, an aggrieved party may make an
application pursuant to the provision of §756 of the Judiciary Law to
punish the respondent for contempt and where the judgment or order
directs payment to be made in installments, or at stated intervals,
failure to make such payments may be punished therein provided and
such punishment, either by fine or commitment, shall not be a bar to
a subsequent proceeding to punish the respondent for a contempt for
failure to pay subsequent installments;
provided, however if the respondent has accumulated child support
arrears equivalent to or greater then $10,000, the respondent shall
be guilty of a class E felony punishable in accordance with the Penal
Law.

JUSTIFICATION:

Custodial parents trying to raise their children are often faced with
a non-compliant non-custodial parent, who does not pay their share of
child support. Child support is not a luxury but a means to provide
for a child's basic needs. Failure to comply with paying child
support is a form of child neglect and in extreme cases over $10,000,
should be guilty of a class E felony punishable in accordance with
the penal code. Due to the class E felony distinction, the County
Sheriff will have the jurisdiction to extradite non custodial parents
that have accumulated over $10,000 in arrears and have left the state.

PRIOR LEGISLATIVE HISTORY:

2008: S.6958A Judiciary Committee/A.9622A Judiciary Committee
2009-10:S.3665 Judiciary Committee

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on the first of November next succeeding
the on which it shall have become law.


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

                                  2479

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 21, 2011
                               ___________

Introduced  by Sen. FLANAGAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Judiciary

AN ACT to amend the family court act, in  relation  to  enforcement  and
  punishment for failure to make child support payments

  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
458-d to read as follows:
  S  458-D.  ENFORCEMENT  OF ARREARS; ADDITIONAL PENALTY. IN ADDITION TO
THE RELIEF GRANTED FOR FAILURE TO COMPLY WITH AN ORDER OF SUPPORT PURSU-
ANT TO THIS ARTICLE, AN AGGRIEVED PARTY MAY MAKE AN APPLICATION PURSUANT
TO THE PROVISION OF SECTION SEVEN HUNDRED FIFTY-SIX OF THE JUDICIARY LAW
TO PUNISH A RESPONDENT FOR CONTEMPT, AND WHERE  THE  JUDGMENT  OR  ORDER
DIRECTS  PAYMENT  TO  BE  MADE  IN INSTALLMENTS, OR AT STATED INTERVALS,
FAILURE TO MAKE SUCH PAYMENTS OR INSTALLMENT MAY BE PUNISHED AS  THEREIN
PROVIDED AND SUCH PUNISHMENT, EITHER BY FINE OR COMMITMENT, SHALL NOT BE
A BAR TO A SUBSEQUENT PROCEEDING TO PUNISH THE RESPONDENT FOR A CONTEMPT
FOR  FAILURE  TO  PAY  SUBSEQUENT INSTALLMENTS; PROVIDED, HOWEVER IF THE
RESPONDENT HAS ACCUMULATED CHILD SUPPORT ARREARS EQUIVALENT TO OR GREAT-
ER THAN TEN THOUSAND DOLLARS, THE RESPONDENT SHALL BE GUILTY OF A  CLASS
E FELONY PUNISHABLE IN ACCORDANCE WITH THE PENAL LAW.
  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 and shall apply to any
judgment entered or fine or penalty imposed on any arrears accrued on or
after such date.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07310-01-1

S2479A (ACTIVE) - Bill Details

Current Committee:
Law Section:
Family Court Act
Laws Affected:
Add §458-d, Fam Ct Act
Versions Introduced in 2009-2010 Legislative Session:
S3665

S2479A (ACTIVE) - Bill Texts

view summary

Provides for accumulated child support arrears equivalent to or greater than ten thousand dollars to be punishable as a class E felony.

view sponsor memo
BILL NUMBER:S2479A

TITLE OF BILL:
An act
to amend the family court act, in relation to enforcement and punishment
for failure to make child support payments

PURPOSE:
Provides for accumulated child support arrears equivalent to or
greater than $10,000 to be punishable as a class E felony.

SUMMARY OF PROVISIONS:
An act to amend the Family Court Act by adding a new §458-d. In
addition to the relief granted for failure to comply with an order of
support pursuant to the article, an aggrieved party may make an
application pursuant to the provision of §756 of the Judiciary Law to
punish the respondent for contempt and where the judgment or order
directs payment to be made in installments, or at stated intervals,
failure to make such payments may be punished therein provided and
such punishment, either by fine or commitment, shall not be a bar to
a subsequent proceeding to punish the respondent for a contempt for
failure to pay subsequent installments; provided, however if the
respondent has willfully accumulated child support arrears equivalent
to or greater than $10,000, the respondent shall be guilty of a class
E felony punishable in accordance with the Penal Law.

JUSTIFICATION:
Custodial parents trying to raise their children are often faced with
a noncompliant non-custodial parent, who does not pay their share of
child support. Child support is not a luxury but a means to provide
for a child's basic needs. Failure to comply with paying child
support is a form of child neglect and in extreme cases over $10,000,
should be guilty of a class E felony punishable in accordance with
the penal code. Due to the class E felony distinction, the County
Sheriff will have the jurisdiction to extradite non custodial parents
that have accumulated over $10,000 in arrears and have left the state.

LEGISLATIVE HISTORY:
2008: S.6958A Judiciary Committee/A.9622A Judiciary committee
2009-10: S.3665 Judiciary Committee

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding
the on which it shall have become law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2479--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 21, 2011
                               ___________

Introduced  by Sen. FLANAGAN -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Judiciary  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend  the family court act, in relation to enforcement and
  punishment for failure to make child support payments

  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
458-d to read as follows:
  S 458-D. ENFORCEMENT OF ARREARS; ADDITIONAL PENALTY.  IN  ADDITION  TO
THE RELIEF GRANTED FOR FAILURE TO COMPLY WITH AN ORDER OF SUPPORT PURSU-
ANT TO THIS ARTICLE, AN AGGRIEVED PARTY MAY MAKE AN APPLICATION PURSUANT
TO THE PROVISION OF SECTION SEVEN HUNDRED FIFTY-SIX OF THE JUDICIARY LAW
TO  PUNISH  A  RESPONDENT  FOR CONTEMPT, AND WHERE THE JUDGMENT OR ORDER
DIRECTS PAYMENT TO BE MADE IN  INSTALLMENTS,  OR  AT  STATED  INTERVALS,
FAILURE  TO MAKE SUCH PAYMENTS OR INSTALLMENT MAY BE PUNISHED AS THEREIN
PROVIDED AND SUCH PUNISHMENT, EITHER BY FINE OR COMMITMENT, SHALL NOT BE
A BAR TO A SUBSEQUENT PROCEEDING TO PUNISH THE RESPONDENT FOR A CONTEMPT
FOR FAILURE TO PAY SUBSEQUENT INSTALLMENTS;  PROVIDED,  HOWEVER  IF  THE
RESPONDENT HAS WILLFULLY ACCUMULATED CHILD SUPPORT ARREARS EQUIVALENT TO
OR  GREATER THAN TEN THOUSAND DOLLARS, THE RESPONDENT SHALL BE GUILTY OF
A CLASS E FELONY PUNISHABLE IN ACCORDANCE WITH THE PENAL LAW.
  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 and shall apply to  any
judgment entered or fine or penalty imposed on any arrears accrued on or
after such date.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07310-02-1

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