senate Bill S4091A

Signed By Governor
2011-2012 Legislative Session

Relates to orders for child support obligors to seek employment or participate in job training, employment counseling or other available programs

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Sponsored By

Archive: Last Bill Status Via A7794 - Signed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Oct 14, 2011 signed chap.592
Oct 04, 2011 delivered to governor
Jun 16, 2011 returned to assembly
passed senate
3rd reading cal.913
substituted for s4091b
Jun 16, 2011 substituted by a7794a
Jun 13, 2011 amended on third reading 4091b
Jun 06, 2011 advanced to third reading
Jun 02, 2011 2nd report cal.
Jun 01, 2011 1st report cal.913
May 23, 2011 print number 4091a
amend and recommit to judiciary
Mar 17, 2011 referred to judiciary

Votes

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Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

S4091 - Bill Details

Law Section:
Family Court Act
Laws Affected:
Amd §§437-a & 454, Fam Ct Act; amd §111-h, Soc Serv L

S4091 - Bill Texts

view summary

Relates to orders for child support obligors to seek employment or participate in job training, employment counseling or other available programs designed to lead to employment.

view sponsor memo
BILL NUMBER:S4091

TITLE OF BILL:
An act
to amend the family court act and the
social services law, in relation to
orders for child support obligors to seek employment or participate in
job training, employment counseling or other available programs designed
to lead to employment

This is one in a series of measures being introduced at the request of
the Chief Administrative Judge Upon the recommendation of her Family
Court Advisory and Rules Committee.

Chapter 182 of the Laws of 2010 added a new section 437-a to the
Family Court Act authorizing Family Court to require individuals who
are liable for child support, other than those who are receiving
supplemental security income or social security disability benefits,
to seek employment or to participate in job training, employment
counseling or other available programs designed to lead to
employment. This salutary provision adds to the tools available to
Family Court to enhance the collection of child support for the
benefit of children and families. However, in two respects, the new
statute is unnecessarily limiting, that is, in the individuals
covered by the law and in the phases of child support proceedings to
which the law applies. This measure would remove these limitations.

First, the measure would substitute the phrase "support obligor" for
the term "respondent" in both Family Court Act §437-a and Social
Services Law § 111-h, since the parent liable for child support is
not always the respondent in the proceeding before Family Court.
Family Court Act §437-a also would be amended to apply to both
underemployed and unemployed individuals. For example, a parent who
seeks a downward modification of his or her child support obligation
is deemed the petitioner in such an action. While alleging that he or
she is living in reduced circumstances, such a petitioner may not be
entirely unemployed. In determining whether a downward modification in
such a case is appropriate, the Court may well deem it helpful to
direct the parent to participate in employment-related activities
that will enhance the parent's ability to provide child support.
Significantly, the legislative history behind chapter 182 uses the
phrase "non-custodial parent," not respondent, indicating a
legislative intent that the statute not be limited in scope to
respondents. See Legislative Memorandum in Support of A.8952 [2010].
Moreover, the Federal requirement for states to have procedures in
place for issuance of employment-related orders applies to
individuals who owe "overdue" child support, not simply respondents
in child support proceedings. See 42 U.S.C.A. §666(a)(15).

Second, the measure would amend section 437-a to authorize
employment-related orders to be made in proceedings to modify or
enforce, as well as to establish, orders of child support and would
harmonize section 454 of the Family Court Act with the parameters of
the new statute. Family Court Act §437-a refers only to proceedings
to establish child support, thus implying that employment-related
directives may only be issued at the stage of issuance of an initial


order of child support. This creates an apparent inconsistency with
Family Court Act §454, which permits such orders to be made as a
remedy for violations of child support orders, and, as noted above,
with the Federal statutory requirement for states to authorize such
directives as remedies for overdue support payments: See 42 U.S.C.A.
§666(a)(15). Moreover, Family Court Act §437-a in its current form
fails to authorize such orders in proceedings in which support
obligors seek downward modifications of child support orders in which
they may, as mentioned, be extremely helpful. This measure would,
therefore, encompass modification and violation proceedings in the
authorization for employment-related directives and, with respect to
violation proceedings, would incorporate the
preclusion of such orders against individuals receiving
supplemental security income or social security disability benefits
contained in section 437-a into section 454 of the Family Court Act.

This measure, which would have no fiscal impact upon the State, would
take effect on the ninetieth day after it shall have become a law.

2011 LEGISLATIVE HISTORY:
None. New proposal.

EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall
have become a law.

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

                                  4091

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 17, 2011
                               ___________

Introduced by Sen. SAVINO -- (at request of the Office of Court Adminis-
  tration)  --  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  social  services  law,  in
  relation  to  orders  for child support obligors to seek employment or
  participate in job training, employment counseling or other  available
  programs designed to lead to employment

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

  Section 1. Section 437-a of the family court act, as added by  chapter
182 of the laws of 2010, is amended to read as follows:
  S  437-a.  Referral  to work programs. In any proceeding to establish,
MODIFY OR ENFORCE an order of support, if the [respondent] SUPPORT OBLI-
GOR is unemployed OR UNDER-EMPLOYED, the court may require the [respond-
ent] SUPPORT OBLIGOR to seek employment, or to participate in job train-
ing, employment  counseling  or  other  programs  designed  to  lead  to
employment  provided  such  programs  are available. The court shall not
require the [respondent]  SUPPORT  OBLIGOR  to  seek  employment  or  to
participate  in  job  training, employment counseling, or other programs
designed to lead to employment under this section  if  the  [respondent]
SUPPORT  OBLIGOR is in receipt of supplemental security income or social
security disability benefits.
  S 2. Paragraph (h) of subdivision 2 of section 454 of the family court
act, as added by chapter 214 of the laws of 1998, is amended to read  as
follows:
  (h) the court may require the respondent[, if the persons for whom the
respondent has failed to pay support are applicants for or recipients of
public assistance, to participate in work activities as defined in title
nine-B  of  article  five of the social services law] IN ACCORDANCE WITH
SECTION FOUR HUNDRED THIRTY-SEVEN-A OF THIS ARTICLE, TO SEEK EMPLOYMENT,
OR TO PARTICIPATE  IN  JOB  TRAINING,  EMPLOYMENT  COUNSELING  OR  OTHER

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09518-01-1

S. 4091                             2

PROGRAMS  DESIGNED  TO  LEAD  TO  EMPLOYMENT  PROVIDED SUCH PROGRAMS ARE
AVAILABLE.  Those respondents ordered to SEEK EMPLOYMENT OR  participate
in work activities PURSUANT TO THIS PARAGRAPH need not be applicants for
or  recipients  of  public  assistance, BUT MAY NOT BE RECEIVING SUPPLE-
MENTAL SECURITY INCOME OR SOCIAL SECURITY DISABILITY BENEFITS.
  S 3. Subdivision 20 of section 111-h of the social  services  law,  as
added by chapter 182 of the laws of 2010, is amended to read as follows:
  20.  If the [respondent] SUPPORT OBLIGOR is required to participate in
work programs pursuant to section four  hundred  thirty-seven-a  of  the
family  court act, and the court enters an order of support on behalf of
the persons in receipt of public assistance, the support collection unit
shall not file a petition to increase the support obligation for  twelve
months  from  the date of entry of the order of support if the [respond-
ent's] SUPPORT OBLIGOR'S income is derived from  participation  in  such
programs.
  S  4.  This  act shall take effect on the ninetieth day after it shall
have become a law.

S4091A - Bill Details

Law Section:
Family Court Act
Laws Affected:
Amd §§437-a & 454, Fam Ct Act; amd §111-h, Soc Serv L

S4091A - Bill Texts

view summary

Relates to orders for child support obligors to seek employment or participate in job training, employment counseling or other available programs designed to lead to employment.

view sponsor memo
BILL NUMBER:S4091A

TITLE OF BILL:
An act
to amend the family court act and the
social services law, in relation to
orders for child support obligors to seek employment or participate in
job training, employment counseling or other available programs designed
to lead to employment

This is one in a series of measures being introduced at the request of
the Chief Administrative Judge upon the recommendation of her Family
Court Advisory and Rules Committee.

Chapter 182 of the Laws of 2010 added a new section 437-a to the Family
Court Act authorizing Family Court to require individuals who are
liable for child support, other than those who are receiving
supplemental security income or social security disability benefits,
to seek employment or to participate in job training, employment
counseling or other available programs designed to lead to
employment. This salutary provision adds to the tools available to
Family Court to enhance the collection of child support for the
benefit of children and families. However, in two respects, the new
statute is unnecessarily limiting, that is, in the individuals
covered by the law and in the phases of child support proceedings to
which the law applies. This measure would remove these limitations.

First, the measure would substitute the phrase "support obligor" for
the term "respondent" in both Family Court Act §437-a and Social
Services Law § 111-h, since the parent liable for child support is
not always the respondent in the proceeding before Family Court. For
example, a parent who seeks a downward modification of his or her
child support obligation is deemed the petitioner in such an action.
Significantly, the legislative history behind chapter 182 uses the
phrase "non-custodial parent," not respondent, indicating a
legislative intent that the statute not be limited in scope to
respondents. See Legislative Memorandum in Support of A.8952 [2010].
Moreover, the
Federal requirement for states to have procedures in place for
issuance of employment related orders applies to individuals who owe
"overdue" child support, not simply respondents in child support
proceedings. See 42 U.S.C.A. §666(a)(15).

Second, the measure would amend section 437-a to authorize
employment-related orders to be made in proceedings to modify or
enforce, as well as to establish, orders of child support and would
harmonize section 454 of the Family Court Act with the parameters of
the new statute. Family Court Act §437-a refers only to proceedings
to establish child support, thus implying that employment-related
directives may only be issued at the stage of issuance of an initial
order of child support. This creates an apparent inconsistency with
Family Court Act §454, which permits such orders to be made as a
remedy for violations of child support orders albeit only in cases
where the persons for whom the support obligor has failed to pay
support are applicants for or recipients of public assistance.
Moreover, Family Court Act §437-a in its current form fails to


authorize such orders in proceedings in which support obligors seek
downward modifications of child support orders in which they may be
extremely helpful. This measure would, therefore, encompass
modification and violation proceedings in the authorization for
employment-related directives. With respect to violation proceedings,
it would expand the work program referral provisions of section
454 of the Family Court Act (FCA 454(2)(h)) to include all child
support obligors who have failed to pay child support as ordered and
not just those who are obligated to pay support for applicants or
recipients of public assistance.

This measure, which would have no fiscal impact upon the State, would
take effect on the ninetieth day after it shall have become a law.

2011 LEGISLATIVE HISTORY:
OCA 2011-23
Senate 4091 (Savino) [Judiciary]

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

                                 4091--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 17, 2011
                               ___________

Introduced by Sen. SAVINO -- (at request of the Office of Court Adminis-
  tration)  --  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 commit-
  tee

AN ACT to amend the family court act and the  social  services  law,  in
  relation  to  orders  for child support obligors to seek employment or
  participate in job training, employment counseling or other  available
  programs designed to lead to employment

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

  Section 1. Section 437-a of the family court act, as added by  chapter
182 of the laws of 2010, is amended to read as follows:
  S  437-a.  Referral  to work programs. In any proceeding to establish,
MODIFY OR ENFORCE an order of support, if the [respondent] SUPPORT OBLI-
GOR is unemployed, the court may require the [respondent] SUPPORT  OBLI-
GOR  to  seek  employment, or to participate in job training, employment
counseling or other programs designed to  lead  to  employment  provided
such  programs  are available. The court shall not require the [respond-
ent] SUPPORT OBLIGOR to seek employment or to participate in job  train-
ing,  employment  counseling,  or  other  programs  designed  to lead to
employment under this section if the [respondent] SUPPORT OBLIGOR is  in
receipt  of  supplemental  security income or social security disability
benefits.
  S 2. Paragraph (h) of subdivision 2 of section 454 of the family court
act, as added by chapter 214 of the laws of 1998, is amended to read  as
follows:
  (h) the court may require the respondent[, if the persons for whom the
respondent has failed to pay support are applicants for or recipients of
public  assistance,]  to  participate  in  work activities as defined in
title nine-B of article five of the social services law. Those  respond-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09518-04-1

S. 4091--A                          2

ents  ordered  to  participate in work activities need not be applicants
for or recipients of public assistance.
  S  3.  Subdivision  20 of section 111-h of the social services law, as
added by chapter 182 of the laws of 2010, is amended to read as follows:
  20. If the [respondent] SUPPORT OBLIGOR is required to participate  in
work  programs  pursuant  to  section four hundred thirty-seven-a of the
family court act, and the court enters an order of support on behalf  of
the persons in receipt of public assistance, the support collection unit
shall  not file a petition to increase the support obligation for twelve
months from the date of entry of the order of support if  the  [respond-
ent's]  SUPPORT  OBLIGOR'S  income is derived from participation in such
programs.
  S 4. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

Co-Sponsors

S4091B (ACTIVE) - Bill Details

Law Section:
Family Court Act
Laws Affected:
Amd §§437-a & 454, Fam Ct Act; amd §111-h, Soc Serv L

S4091B (ACTIVE) - Bill Texts

view summary

Relates to orders for child support obligors to seek employment or participate in job training, employment counseling or other available programs designed to lead to employment.

view sponsor memo
BILL NUMBER:S4091B

TITLE OF BILL:
An act
to amend the family court act and the
social services law, in relation to
orders for child support obligors to seek employment or participate in
job training, employment counseling or other available programs designed
to lead to employment

This is one in a series of measures being introduced at the request of
the Chief Administrative Judge upon the recommendation of her Family
Court Advisory and Rules Committee.

Chapter 182 of the Laws of 2010 added a new section 437-a to the
Family Court Act authorizing Family Court to require individuals who
are liable for child support, other than those who are receiving
supplemental security income or social security disability benefits,
to seek employment or to participate in job training, employment
counseling or other available programs designed to lead to
employment. This salutary provision adds to the tools available to
Family Court to enhance the collection of child support for the
benefit of children and families. However, in two respects, the new
statute is unnecessarily limiting, that is, in the individuals
covered by the law and in the phases of child support proceedings to
which the law applies. This measure would remove these limitations.

First, the measure would substitute the phrase "support obligor" for
the term "respondent" in both Family Court Act §437-a and Social
Services Law § 111-h, since the parent liable for child support is
not always the respondent in the proceeding before Family Court. For
example, a parent who seeks a downward modification of his or her
child support obligation is deemed the petitioner in such an action.
Significantly, the legislative history behind chapter 182 uses the
phrase "non-custodial parent," not respondent, indicating a
legislative intent that the statute not be limited in scope to
respondents. See Legislative Memorandum in Support of A. 8952 [2010].
Moreover, the
Federal requirement for states to have procedures in place for
issuance of employment-related orders applies to individuals who owe
"overdue" child support, not simply respondents in-child support
proceedings. See 42 U.S.C.A. §666(a)(15).

Second, the measure would amend section 437-a to authorize
employment-related orders to be made in proceedings to decrease or
enforce, as well as to establish, orders of child support and would
harmonize section 454 of the Family Court Act with the parameters of
the new statute. Family Court Act §437-a refers only to proceedings
to establish child support, thus implying that employment-related
directives may only be issued at the stage of issuance of an initial
order of child support. This creates an apparent inconsistency with
Family Court Act §454, which permits such orders to be made as a
remedy for violations of child support orders albeit only in cases
where the persons for whom the support obligor has failed to pay
support are applicants for or recipients of public assistance.
Moreover, Family Court Act §437-a in its current form fails to


authorize such orders in proceedings in which support obligors seek
downward modifications of child support orders in which they may be
extremely helpful. This measure would, therefore, encompass downward
modification and violation proceedings in the authorization for
employment-related directives. With respect to violation -
proceedings, it would expand the work program referral provision
s of section 454 of the Family Court Act (FCA 454(2)) to include all
child support obligors who have failed to pay child support as
ordered and not just those who are obligated to pay support for
applicants or recipients of public assistance.

This measure, which would have no fiscal impact upon the State, would
take effect on the ninetieth day after it shall have become a law.

2011 LEGISLATIVE HISTORY:
Senate 4091 (Savino) 3rd Rdg.
Assembly 7794 (M. of A. Weinstein) [Codes]

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

                                 4091--B
    Cal. No. 913

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 17, 2011
                               ___________

Introduced by Sen. SAVINO -- (at request of the Office of Court Adminis-
  tration)  --  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 commit-
  tee -- reported favorably from said committee, ordered  to  first  and
  second  report,  ordered  to  a  third  reading,  amended  and ordered
  reprinted, retaining its place in the order of third reading

AN ACT to amend the family court act and the  social  services  law,  in
  relation  to  orders  for child support obligors to seek employment or
  participate in job training, employment counseling or other  available
  programs designed to lead to employment

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

  Section 1. Section 437-a of the family court act, as added by  chapter
182 of the laws of 2010, is amended to read as follows:
  S  437-a.  Referral  to work programs. In any proceeding to establish,
DECREASE OR ENFORCE an order of support,  if  the  [respondent]  SUPPORT
OBLIGOR  is  unemployed,  the court may require the [respondent] SUPPORT
OBLIGOR to seek employment, or to participate in job  training,  employ-
ment  counseling  or  other  programs  designed  to  lead  to employment
provided such programs are available. The court shall  not  require  the
[respondent] SUPPORT OBLIGOR to seek employment or to participate in job
training,  employment  counseling, or other programs designed to lead to
employment under this section if the [respondent] SUPPORT OBLIGOR is  in
receipt  of  supplemental  security income or social security disability
benefits.
  S 2.  Subdivision 2 of section 454 of the family court act is  amended
by adding a new paragraph (i) to read as follows:
  (I) EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH (H) OF THIS SUBDIVISION,
THE  COURT  MAY  REQUIRE  THE RESPONDENT TO PARTICIPATE IN JOB TRAINING,
EMPLOYMENT COUNSELING OR OTHER PROGRAMS DESIGNED TO LEAD  TO  EMPLOYMENT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09518-06-1

S. 4091--B                          2

IF  AUTHORIZED  PURSUANT  TO SECTION FOUR HUNDRED THIRTY-SEVEN-A OF THIS
ARTICLE PROVIDED SUCH PROGRAMS ARE AVAILABLE.
  S  3.  Subdivision  20 of section 111-h of the social services law, as
added by chapter 182 of the laws of 2010, is amended to read as follows:
  20. If the [respondent] SUPPORT OBLIGOR is required to participate  in
work  programs  pursuant  to  section four hundred thirty-seven-a of the
family court act, and the court enters an order of support on behalf  of
the persons in receipt of public assistance, the support collection unit
shall  not file a petition to increase the support obligation for twelve
months from the date of entry of the order of support if  the  [respond-
ent's]  SUPPORT  OBLIGOR'S  income is derived from participation in such
programs.
  S 4. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

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