senate Bill S4051A

2011-2012 Legislative Session

Relates to recoupment of overpayments of child support in family and supreme court

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Sponsored By

Archive: Last Bill Status - Passed Senate


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

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Actions

view actions (17)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 13, 2012 referred to judiciary
delivered to assembly
passed senate
ordered to third reading cal.1203
committee discharged and committed to rules
May 15, 2012 print number 4051a
amend and recommit to judiciary
Jan 04, 2012 referred to judiciary
returned to senate
died in assembly
May 02, 2011 referred to judiciary
delivered to assembly
passed senate
Mar 31, 2011 advanced to third reading
Mar 30, 2011 2nd report cal.
Mar 29, 2011 1st report cal.272
Mar 15, 2011 referred to judiciary

Votes

view votes

Jun 13, 2012 - Rules committee Vote

S4051A
24
0
committee
24
Aye
0
Nay
0
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Rules committee vote details

Mar 29, 2011 - Judiciary committee Vote

S4051
21
0
committee
21
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S4051 - Details

Current Committee:
Law Section:
Family Court Act
Laws Affected:
Amd §451, Fam Ct Act; amd §240, Dom Rel L

S4051 - Summary

Relates to recoupment of overpayments of child support in family and supreme court.

S4051 - Sponsor Memo

S4051 - Bill Text download pdf

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

                                  4051

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 15, 2011
                               ___________

Introduced by Sen. GALLIVAN -- (at request of the Office of Court Admin-
  istration)  --  read twice and ordered printed, and when printed to be
  committed to the Committee on Judiciary

AN ACT to amend the family court act and the domestic relations law,  in
  relation  to recoupment of overpayments of child support in family and
  supreme court

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Section 451 of the family court act is amended by adding a
new subdivision 3 to read as follows:
  3. THE COURT THAT ISSUED A CHILD SUPPORT ORDER OR AN ORDER OF  MODIFI-
CATION  UNDER  THIS ACT HAS CONTINUING JURISDICTION OVER MOTIONS SEEKING
RECOUPMENT OF OVERPAYMENTS OF CHILD  SUPPORT.  WHERE  THE  INTERESTS  OF
JUSTICE  REQUIRE, THE COURT MAY ALLOW RECOUPMENT OF THE OVERPAYMENT OF A
CHILD SUPPORT OBLIGATION UPON PROOF OF THE OVERPAYMENT  AND  UPON  PROOF
THAT  THE  RECOUPMENT AND THE METHOD AND RATE OF ITS COLLECTION WILL NOT
SUBSTANTIALLY IMPAIR THE CUSTODIAL PARENT'S ABILITY TO MEET  THE  FINAN-
CIAL  NEEDS  OF THE CHILD OR CHILDREN. THE COURT SHALL STATE ITS REASONS
ON THE RECORD FOR ANY ORDER ISSUED UNDER THIS SUBDIVISION.
  S 2. Section 240 of the domestic relations law is amended by adding  a
new subdivision 6 to read as follows:
  6.  THE COURT THAT ISSUED A CHILD SUPPORT ORDER OR AN ORDER OF MODIFI-
CATION HAS CONTINUING JURISDICTION OVER MOTIONS  SEEKING  RECOUPMENT  OF
OVERPAYMENTS  OF  CHILD SUPPORT. WHERE THE INTERESTS OF JUSTICE REQUIRE,
THE COURT MAY ALLOW RECOUPMENT OF THE OVERPAYMENT  OF  A  CHILD  SUPPORT
OBLIGATION UPON PROOF OF THE OVERPAYMENT AND UPON PROOF THAT THE RECOUP-
MENT  AND  THE  METHOD AND RATE OF ITS COLLECTION WILL NOT SUBSTANTIALLY
IMPAIR THE CUSTODIAL PARENT'S ABILITY TO MEET THE FINANCIAL NEEDS OF THE
CHILD OR CHILDREN. THE COURT SHALL STATE ITS REASONS ON THE  RECORD  FOR
ANY ORDER ISSUED UNDER THIS SUBDIVISION.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law.

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

Co-Sponsors

S4051A (ACTIVE) - Details

Current Committee:
Law Section:
Family Court Act
Laws Affected:
Amd §451, Fam Ct Act; amd §240, Dom Rel L

S4051A (ACTIVE) - Summary

Relates to recoupment of overpayments of child support in family and supreme court.

S4051A (ACTIVE) - Sponsor Memo

S4051A (ACTIVE) - Bill Text download pdf

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

                                 4051--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 15, 2011
                               ___________

Introduced  by  Sens.  GALLIVAN,  AVELLA -- (at request of the Office of
  Court Administration) -- read twice  and  ordered  printed,  and  when
  printed  to  be committed to the Committee on Judiciary -- recommitted
  to the Committee on Judiciary in accordance with Senate Rule 6, sec. 8
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and recommitted to said committee

AN  ACT to amend the family court act and the domestic relations law, in
  relation to recoupment of overpayments of child support in family  and
  supreme court

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 451 of the family court act is amended by adding  a
new subdivision 3 to read as follows:
  3.  THE COURT THAT ISSUED A CHILD SUPPORT ORDER OR AN ORDER OF MODIFI-
CATION UNDER THIS ACT HAS CONTINUING JURISDICTION OVER  MOTIONS  SEEKING
RECOUPMENT  OF OVERPAYMENTS OF CHILD SUPPORT.  WHERE AN ORDER WAS ISSUED
BY THE SUPREME COURT WITHOUT A RESERVATION OF JURISDICTION OR WAS TRANS-
FERRED OR REFERRED TO THE FAMILY COURT, THE FAMILY  COURT  MAY  EXERCISE
JURISDICTION OVER AN APPLICATION FOR RECOUPMENT.  WHERE THE INTERESTS OF
JUSTICE  REQUIRE,  THE  COURT MAY ALLOW RECOUPMENT OF ALL OR PART OF THE
OVERPAYMENT OF A CHILD SUPPORT OBLIGATION UPON PROOF OF THE  OVERPAYMENT
AND UPON PROOF THAT THE AMOUNT OF THE RECOUPMENT AND THE METHOD AND RATE
OF  ITS  COLLECTION WILL NOT SUBSTANTIALLY IMPAIR THE CUSTODIAL PARENT'S
ABILITY TO MEET THE FINANCIAL NEEDS OF THE CHILD OR CHILDREN. THE  COURT
SHALL  STATE  ITS  REASONS ON THE RECORD FOR ANY ORDER ISSUED UNDER THIS
SUBDIVISION.
  S 2. Section 240 of the domestic relations law is amended by adding  a
new subdivision 6 to read as follows:
  6.  THE COURT THAT ISSUED A CHILD SUPPORT ORDER OR AN ORDER OF MODIFI-
CATION HAS CONTINUING JURISDICTION OVER MOTIONS  SEEKING  RECOUPMENT  OF
OVERPAYMENTS OF CHILD SUPPORT.  WHERE AN ORDER WAS ISSUED BY THE SUPREME

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09521-02-2

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