senate Bill S5473A

2011-2012 Legislative Session

Relates to enforcement of orders of child support against inmates

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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
Mar 08, 2012 print number 5473a
amend (t) and recommit to crime victims, crime and correction
Mar 07, 2012 defeated in crime victims, crime and correction
Feb 21, 2012 notice of committee consideration - requested
Jan 04, 2012 referred to crime victims, crime and correction
May 25, 2011 referred to crime victims, crime and correction

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S5473 - Bill Details

See Assembly Version of this Bill:
A7931A
Current Committee:
Senate Crime Victims, Crime And Correction
Law Section:
Correction Law
Laws Affected:
Add §149-a, Cor L; amd §236, Dom Rel L; amd §390.30, CP L; amd §13, Chap 182 of 2010

S5473 - Bill Texts

view summary

Relates to enforcement of orders of child support against inmates; requires that inmates be notified of their right to seek modification of child support orders; provides a 180 day stay of enforcement following release; makes provisions permitting modification applicable to inmates incarcerated prior to effective date of such amendments.

view sponsor memo
BILL NUMBER:S5473

TITLE OF BILL:
An act
to amend the correction law, the domestic relations law, the family
court act and the criminal procedure law, in relation to child support
obligations of inmates; and
to amend section 13 of chapter 182 of the laws of 2010 amending the tax
law, the family court act, the domestic relations law and the social
services law relating to the modification of child support orders,
employer reporting of new hires and quarterly earnings, work programs
and the noncustodial earned income tax credit, in relation to the
effectiveness of certain provisions thereof

PURPOSE:
This bill would enable people residing in a state
correctional facility to be informed of their right to modify an
existing child support order pursuant to Chapter 182 of the Laws of
2010. In addition and with the approval of the court, individuals
released from prison may be granted up to 180 days before they begin
to fulfill their child support obligations.

SUMMARY OF PROVISIONS:
Section 1 of the bill amends the correction law
to add a new section 149-a requiring that all people residing in a
correctional facility be notified of their possible eligibility to
modify an existing child support order based on their "substantial
change in circumstances."

Section 2 and Section 3 of the bill amend section 240 of the domestic
relations law and section 413 of the family court act, respectively,
to remove the requirement that non-custodial parents pay a minimum of
$25 per month in child support, in accordance with the Court of
Appeals ruling in Rose v. Moody, 83 N.Y.2s65, 607 N.Y.S.2d 906
(1993), cert denied. 511 U.S. 1084 (1994). In Rose v. Moody the Court
of Appeals held that New York child support statutes which requires
indigent non-custodial parents with incomes below the federal poverty
level to pay a minimum of $25 per month in child support was
unconstitutional as it was in conflict with the Federal Child Support
Enforcement Act [Social Security Act, Title IV-D §467(b) (2), as
amended, 42 U.S.C.A. § 667(b) (2)], and thus violated the
constitutional provision of federal preemption. This bill seeks to
bring the statute into compliance with federal law and the COUlt'S
decision in Roe v. Moody by removing the minimum $25 per month
requirement and providing that in determining the amount of child
support obligation an indigent parent shall pay, the court shall
issue an order which is "just and appropriate" based on existing
statutory considerations.

In accordance with section one hundred eleven-i of the social services
law, sections 2 and 3 of the bill also amend the statute to change
reference from the commissioner of social service is to commissioner
of the office of temporary and disability assistance.


Section 4 of the bill amends the criminal procedure law to require
that a pre-sentence investigation also include defendants' child
support obligations.

Section 5 of the bill amends section 236 of the domestic relations law
to give the court discretion to stay an order of child support for up
to 180 days following the release of a non-custodial parent from a
period of incarceration.

Section 6 of the bill amends section 13 of Chapter 182 of the Laws of
2010 to provide that persons, whose incarceration began prior to the
effective date of such chapter, shall have the ability to modify
their child support orders.

Section 7 provides that the bill shall take effect ninety days after
enactment.

JUSTIFICATION:
Parents have an obligation to provide for their
children in every way possible, and that includes making timely child
support payments based on their income and ability to pay. Child
support programs, criminal justice agencies, and the courts all play a
critical role in the development of fair child support policies for
noncustodial parents in prison and the parole system. While New York
has taken some steps to address the effects of incarceration on the
child support obligations of people in prison, systemic reform has not
gone far enough.

Under a 2010 law, New Yorkers entering the prison system are allowed
to apply for a modification of their child support order based on the
substantial change in their circumstances. Before the law was
enacted, incarcerated individuals were barred from filing for a
modification based on a Court of Appeals ruling.

The 2010 law, however, does not apply to people who were incarcerated
prior to the law taking effect.
Consequently, this population is not permitted to even apply to have
their child support order changed despite the fact that they are
"involuntarily unemployed." And, for them, the monthly child support
obligations at the time of imprisonment continue to accrue throughout
their incarceration, sometimes resulting in thousands upon thousands
of dollars in back support payments - an unrealistic sum that they
will never be able to pay in a lifetime. They emerge from prison with
enormous debts, severely hampering their chances for successful
reentry into society by making employment -- already difficult with a
conviction history -- counterproductive to their economic success and
their ability to provide for their children.

The current inability to stay or modify child support orders compounds
the difficulties non-custodial parents face in the reentry process.
If there is a court order for support, continuation of payments can
be made a condition of release to parole and a non-custodial parent
can face reincarnation if they are unable to pay. Moreover, a parent
reentering society from the prison justice system can lose their
drivers license and face additional jail time if they fail to make
timely child support payments. Without a driver's license, parents in
many rural upstate counties and suburban counties with limited access


to public transportation are unable to travel to and from work. This
alone would make it difficult - if not impossible - for non-custodial
parents to fulfill their financial responsibilities to their
children. New York is doing a disservice to children and families
when a child support modification is deserved but not allowed.

Motivating efforts to enable all men and women who are incarcerated
and who are eligible to apply for a child support modification are
cases like that of 40-year-old Glenn Martin. As noted in Prisoner's
Dilemma in the March 14, 2011, edition of American Prospect, "Mr.
Martin was convicted in 1995 for an armed robbery of a New York City
jewelry store and was sentenced to six years in prison. When he went
to jail, he had $300 in outstanding child-support debt and owed $100
a week as part of his regular court-ordered payment. He was worried
because he'd have no income in prison and knew he'd emerge owing more
money. He guessed at the time it would total $3,000 or $4,000.

When he got out in June 2001, he decided to turn his life around, get
a job, and stay out of trouble. But then he found out about his
child-support bill. Not only had his payments accrued during the six
years but the state had tacked on 9 percent compounding interest. The
bill was $50,000."

There are many barriers to a person's ability to make a successful
transition from prison to community and family life, including
getting a living wage job, finding a safe and affordable place to
live and having access to supportive services. These challenges begin
the day a person is released from prison. It is unrealistic to expect
that every formerly incarcerated person will be able to begin
fulfilling their child support obligations immediately, and that is
why the bill gives the court discretion to stay an order for up to
180 days.

FISCAL IMPACT:
Minimal.

EFFECTIVE DATE:
90 days after becoming law.

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

    S. 5473                                                  A. 7931

                       2011-2012 Regular Sessions

                      S E N A T E - A S S E M B L Y

                              May 25, 2011
                               ___________

IN  SENATE  --  Introduced  by Sen. MONTGOMERY -- read twice and ordered
  printed, and when printed to be committed to the  Committee  on  Crime
  Victims, Crime and Correction

IN ASSEMBLY -- Introduced by M. of A. AUBRY -- read once and referred to
  the Committee on Correction

AN  ACT  to  amend  the  correction law, the domestic relations law, the
  family court act and the criminal procedure law, in relation to  child
  support obligations of inmates; and to amend section 13 of chapter 182
  of  the  laws  of 2010 amending the tax law, the family court act, the
  domestic relations law and the social services  law  relating  to  the
  modification  of child support orders, employer reporting of new hires
  and quarterly earnings, work  programs  and  the  noncustodial  earned
  income  tax  credit,  in  relation  to  the  effectiveness  of certain
  provisions thereof

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

  Section 1. The correction law is amended by adding a new section 149-a
to read as follows:
  S  149-A.  NOTIFICATION  TO INMATES OF THEIR ABILITY TO SEEK MODIFICA-
TIONS OF AN ORDER OF CHILD SUPPORT. NOTWITHSTANDING ANY PROVISION OF LAW
TO THE CONTRARY, THE DEPARTMENT SHALL NOTIFY ALL INMATES RESIDING  IN  A
CORRECTIONAL  FACILITY  WITHIN  THE STATE OF NEW YORK OF THE POSSIBILITY
THAT THEY MAY BE ABLE TO MODIFY AN EXISTING CHILD SUPPORT ORDER BASED ON
A "SUBSTANTIAL CHANGE IN CIRCUMSTANCES" IN ACCORDANCE WITH  SECTION  TWO
HUNDRED  THIRTY-SIX  OF  THE  DOMESTIC  RELATIONS  LAW  AND SECTION FOUR
HUNDRED FIFTY-ONE OF THE FAMILY COURT ACT.
  S 2. Paragraphs (d), (g) and (i) of subdivision 1-b of section 240  of
the  domestic  relations law, paragraphs (d) and (i) as added by chapter
567 of the laws of 1989 and paragraph (g) as amended by  chapter  41  of
the laws of 1992, are amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10641-05-1

S. 5473                             2                            A. 7931

  (d)  Notwithstanding  the provisions of paragraph (c) of this subdivi-
sion, where the annual amount of  the  basic  child  support  obligation
would  reduce the non-custodial parent's income below the poverty income
guidelines amount for a single person as reported by the federal depart-
ment  of  health and human services[, the basic child support obligation
shall be twenty-five dollars per month or  the  difference  between  the
non-custodial parent's income and the self-support reserve, whichever is
greater], OR IF THE COURT FINDS THAT SUCH BASIC CHILD SUPPORT OBLIGATION
IS  UNJUST OR INAPPROPRIATE, WHICH FINDING SHALL BE BASED UPON CONSIDER-
ATIONS OF THE FACTORS SET FORTH IN PARAGRAPH (F)  OF  THIS  SUBDIVISION,
THE COURT SHALL ORDER THE NON-CUSTODIAL PARENT TO PAY SUCH AMOUNT OF THE
CHILD  SUPPORT AS THE COURT FINDS JUST AND APPROPRIATE.  Notwithstanding
the provisions of paragraph (c) of this subdivision,  where  the  annual
amount of the basic child support obligation would reduce the non-custo-
dial  parent's  income  below the self-support reserve but not below the
poverty income guidelines amount for a single person as reported by  the
federal department of health and human services, the basic child support
obligation  shall  be  fifty dollars per month or the difference between
the non-custodial parent's income and the self-support reserve, whichev-
er is greater, IN ADDITION TO ANY AMOUNTS THAT THE  COURT  MAY,  IN  ITS
DISCRETION,  ORDER  IN  ACCORDANCE  WITH  SUBPARAGRAPHS  FOUR, FIVE, SIX
AND/OR SEVEN OF PARAGRAPH (C) OF THIS SUBDIVISION.
  (g) Where the court finds that the  non-custodial  parent's  pro  rata
share  of the basic child support obligation is unjust or inappropriate,
the court shall order the non-custodial parent to  pay  such  amount  of
child  support  as  the  court finds just and appropriate, and the court
shall set forth, in a written order,  the  factors  it  considered;  the
amount  of  each party's pro rata share of the basic child support obli-
gation; and the reasons that the court did not  order  the  basic  child
support  obligation.    Such  written  order may not be waived by either
party or counsel;  provided,  however,  and  notwithstanding  any  other
provision  of  law,  the  court  shall  not  find that the non-custodial
parent's pro rata share of such obligation is unjust or inappropriate on
the basis that such share exceeds the portion  of  a  public  assistance
grant  which  is  attributable  to  a child or children. [In no instance
shall the court  order  child  support  below  twenty-five  dollars  per
month.] Where the non-custodial parent's income is less than or equal to
the  poverty income guidelines amount for a single person as reported by
the federal department  of  health  and  human  services,  unpaid  child
support arrears in excess of five hundred dollars shall not accrue.
  (i)  Where  either  or both parties are unrepresented, the court shall
not enter an order or judgment other than a temporary order pursuant  to
section  two  hundred  thirty-seven  of  this  article,  that includes a
provision for child support unless the unrepresented  party  or  parties
have received a copy of the child support standards chart promulgated by
the  commissioner of [social services] THE OFFICE OF TEMPORARY AND DISA-
BILITY ASSISTANCE pursuant to subdivision two  of  section  one  hundred
eleven-i of the social services law. Where either party is in receipt of
child  support  enforcement  services  through the local social services
district, the local social services district child  support  enforcement
unit  shall  advise such party of the amount derived from application of
the child support percentage and that such amount serves as  a  starting
point  for  the  determination  of  the  child  support award, and shall
provide such party with a copy of the child support standards chart. [In
no instance shall the court approve any voluntary support  agreement  or

S. 5473                             3                            A. 7931

compromise  that  includes an amount for child support less than twenty-
five dollars per month.]
  S  3.  Paragraphs  (d), (g) and (i) of subdivision 1 of section 413 of
the family court act, paragraphs (d) and (i) as amended by  chapter  567
of  the  laws  of 1989 and paragraph (g) as amended by chapter 41 of the
laws of 1992, are amended to read as follows:
  (d) Notwithstanding the provisions of paragraph (c) of  this  subdivi-
sion,  where  the  annual  amount  of the basic child support obligation
would reduce the non-custodial parent's income below the poverty  income
guidelines amount for a single person as reported by the federal depart-
ment  of  health and human services, [the basic child support obligation
shall be twenty-five dollars per month or  the  difference  between  the
non-custodial parent's income and the self-support reserve, whichever is
greater]OR  IF  THE COURT FINDS THAT SUCH BASIC CHILD SUPPORT OBLIGATION
IS UNJUST OR INAPPROPRIATE, WHICH FINDING SHALL BE BASED UPON  CONSIDER-
ATIONS  OF  THE  FACTORS SET FORTH IN PARAGRAPH (F) OF THIS SUBDIVISION,
THEN THE COURT SHALL ORDER THE NON-CUSTODIAL PARENT TO PAY  SUCH  AMOUNT
OF  THE CHILD SUPPORT AS THE COURT FINDS JUST AND APPROPRIATE.  Notwith-
standing the provisions of paragraph (c) of this subdivision, where  the
annual  amount  of  the  basic child support obligation would reduce the
non-custodial parent's income below the  self-support  reserve  but  not
below  the  poverty  income  guidelines  amount  for  a single person as
reported by the federal department of health  and  human  services,  the
basic  child  support obligation shall be fifty dollars per month or the
difference between the non-custodial parent's income and  the  self-sup-
port  reserve, whichever is greater, IN ADDITION TO ANY AMOUNTS THAT THE
COURT MAY, IN ITS DISCRETION, ORDER  IN  ACCORDANCE  WITH  SUBPARAGRAPHS
FOUR, FIVE, SIX AND/OR SEVEN OF PARAGRAPH (C) OF THIS SUBDIVISION.
  (g)  Where  the  court  finds that the non-custodial parent's pro rata
share of the basic child support obligation is unjust or  inappropriate,
the  court  shall  order  the non-custodial parent to pay such amount of
child support as the court finds just and  appropriate,  and  the  court
shall  set  forth,  in  a  written order, the factors it considered; the
amount of each party's pro rata share of the basic child  support  obli-
gation;  and  the  reasons  that the court did not order the basic child
support obligation.   Such written order may not  be  waived  by  either
party  or  counsel;  provided,  however,  and  notwithstanding any other
provision of law, including but not  limited  to  section  four  hundred
fifteen of this [act] PART, the court shall not find that the non-custo-
dial parent's pro rata share of such obligation is unjust or inappropri-
ate on the basis that such share exceeds the portion of a public assist-
ance grant which is attributable to a child or children. [In no instance
shall  the  court  order  child  support  below  twenty-five dollars per
month.] Where the non-custodial parent's income is less than or equal to
the poverty income guidelines amount for a single person as reported  by
the  federal  department  of  health  and  human  services, unpaid child
support arrears in excess of five hundred dollars shall not accrue.
  (i) Where either or both parties are unrepresented,  the  court  shall
not  enter an order or judgment other than a temporary order pursuant to
section  two  hundred  thirty-seven  of  [this  article]  THE   DOMESTIC
RELATIONS  LAW,  that  includes a provision for child support unless the
unrepresented party or parties have received a copy of the child support
standards chart promulgated by the commissioner of [social services] THE
OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE  pursuant  to  subdivision
two  of  section  one hundred eleven-i of the social services law. Where
either party is in receipt of child support enforcement services through

S. 5473                             4                            A. 7931

the local social services district, the local social  services  district
child  support  enforcement  unit  shall advise such party of the amount
derived from application of the child support percentage and  that  such
amount  serves  as  a  starting point for the determination of the child
support award, and shall provide such party with a  copy  of  the  child
support  standards  chart.  [In  no instance shall the court approve any
voluntary support agreement or compromise that includes  an  amount  for
child support less than twenty-five dollars per month.]
  S 4. Subdivision 1  of section 390.30 of the criminal procedure law is
amended to read as follows:
  1.  The  investigation. The pre-sentence investigation consists of the
gathering of information with respect to the circumstances attending the
commission of the offense, the defendant's  history  of  delinquency  or
criminality,  and  the  defendant's  social history, employment history,
family situation, economic status, INCLUDING CHILD SUPPORT  OBLIGATIONS,
education,  and personal habits. Such investigation may also include any
other matter which the agency conducting the investigation  deems  rele-
vant  to the question of sentence, and must include any matter the court
directs to be included.
  S 5. Subdivision 9 of part B of section 236 of the domestic  relations
law is amended by adding a new paragraph e to read as follows:
  E. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, UPON AN
APPLICATION  FOR A MODIFICATION OF CHILD SUPPORT PURSUANT TO THIS SUBDI-
VISION, THE COURT IN ITS DISCRETION, MAY ISSUE AN ORDER  DIRECTING  THAT
AN  ORDER  FOR  PAYMENT OF CHILD SUPPORT BE STAYED FOR A PERIOD OF UP TO
ONE HUNDRED EIGHTY DAYS FOLLOWING THE RELEASE OF A NON-CUSTODIAL  PARENT
FROM  A PERIOD OF INCARCERATION.  ARREARS SHALL ACCRUE DURING SUCH PERI-
OD. THE ORIGINAL ORDER, OR ANY MODIFIED ORDER SHALL  BE  ENFORCEABLE  AT
THE END OF SUCH STAY.
  S  6.  Section  13 of chapter 182 of the laws of 2010 amending the tax
law, the family court act, the domestic relations  law  and  the  social
services  law  relating  to  the  modification  of child support orders,
employer reporting of new hires and quarterly  earnings,  work  programs
and  the  noncustodial  earned  income  tax credit is amended to read as
follows:
  S 13. This act shall take effect on the ninetieth day after  it  shall
have  become  law; provided however, that sections six and seven of this
act shall apply to any action or proceeding to modify any order of child
support entered on or after the effective date of this act  except  that
if  the  child support order incorporated without merging a valid agree-
ment or stipulation of the parties, the amendments regarding the modifi-
cation of a child support order set forth in sections six and  seven  of
this  act  shall only apply if the incorporated agreement or stipulation
was executed on or after this act's  effective  date,  AND  EXCEPT  THAT
SECTIONS SIX AND SEVEN OF THIS ACT SHALL APPLY TO ANY ACTION OR PROCEED-
ING TO MODIFY A CHILD SUPPORT ORDER ENTERED AGAINST ANY PERSON WHO IS AN
INMATE  IN  A  CORRECTIONAL  FACILITY  IN THIS STATE WHOSE INCARCERATION
BEGAN PRIOR TO THE EFFECTIVE DATE OF THIS ACT;  provided  however,  that
sections  three  and  four  of  this  act shall take effect on the three
hundred sixty-fifth day after it shall have become a law.
  S 7. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

Co-Sponsors

S5473A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A7931A
Current Committee:
Senate Crime Victims, Crime And Correction
Law Section:
Correction Law
Laws Affected:
Add §149-a, Cor L; amd §236, Dom Rel L; amd §390.30, CP L; amd §13, Chap 182 of 2010

S5473A (ACTIVE) - Bill Texts

view summary

Relates to enforcement of orders of child support against inmates; requires that inmates be notified of their right to seek modification of child support orders; provides a 180 day stay of enforcement following release; makes provisions permitting modification applicable to inmates incarcerated prior to effective date of such amendments.

view sponsor memo
BILL NUMBER:S5473A

TITLE OF BILL:
An act
to amend the correction law,
the criminal procedure law and the domestic relations law,
in relation to child
support
obligations of inmates; and
to amend section 13 of chapter 182 of the laws of 2010 amending the tax
law, the family court act, the domestic relations law and the social
services law relating to the modification of child support orders,
employer reporting of new hires and quarterly earnings, work programs
and the noncustodial earned income tax credit, in relation to the
effectiveness of certain provisions thereof

PURPOSE:
This bill would enable people residing in a state correctional
facility to be informed of their right to modify an existing child
support order pursuant to Chapter 182 of the Laws of 2010. In
addition and with the approval of the court, individuals released
from prison may be granted up to 180 days before they begin to
fulfill their child support obligations.

SUMMARY OF PROVISIONS:
Section 1 of the bill amends the correction law to add a new section
149-a requiring that all people residing in a correctional facility
be notified of their possible eligibility to modify an existing child
support order based on their "substantial change in circumstances."

Section 2 of the bill amends section 390.30 of the criminal procedure
law, to require that the presentence investigation include gathering
information with respect to child support obligations.

Section 3 of the bill amends section 236 of the domestic relations law
to give the court discretion to stay an order of child support for
up to 180 days following the release of a non-custodial parent from a
period of incarceration.

Section 6 of the bill amends section 13 of Chapter 182 of the Laws of
2010 to provide that persons whose incarceration began prior to the
effective date of such chapter shall have the ability to modify
their child support orders.

JUSTIFICATION:
Parents have an obligation to provide for their children in every way
possible, and that includes making timely child support payments
based on their income and ability to pay. Child support programs,
criminal justice agencies, and the courts all play a critical role in
the development of
fair child support policies for noncustodial parents in prison and the
parole system. While New York has taken some steps to address the
effects of incarceration on the child support obligations of people
in prison, systemic reform has not gone far enough.


Under a 2010 law, New Yorkers entering the prison system are allowed
to apply for a modification of their child support order based on the
substantial change in their circumstances.
Before the law was enacted, incarcerated individuals were barred from
filing for a modification based on a Court of Appeals ruling.

The 2010 law, however, does not apply to people who were incarcerated
prior to the law taking effect. Consequently, this population is not
permitted to even apply to have their child support order changed
despite the fact that they are "involuntarily unemployed." And, for
them, the monthly child support obligations at the time of
imprisonment continue to accrue throughout their incarceration,
sometimes resulting in thousands upon thousands of dollars in back
support payments - an unrealistic sum that they will never be able to
pay in a lifetime. They emerge from prison with enormous debts,
severely hampering their chances for successful reentry into society
by making employment - already difficult with a conviction history --
counterproductive to their economic success and their ability to
provide for their children.

The current inability to stay or modify child support orders compounds
the difficulties noncustodial parents face in the reentry process. If
there is a court order for support, continuation of payments can be
made a condition of release to parole and a non-custodial parent can
face reincarnation if they are unable to pay. Moreover, a parent
reentering society from the prison justice system can lose their
drivers license and face additional jail time if they fail to make
timely child support payments. Without a driver's license, parents in
many rural upstate counties and suburban counties with limited access
to public transportation are unable to travel to and from work. This
alone would make it difficult - if not impossible - for non-custodial
parents to fulfill their financial responsibilities to their
children. New York is doing a disservice to children and families
when a child support modification is deserved but not allowed.

Motivating efforts to enable all men and women who are incarcerated
and who are eligible to apply for a child support modification are
cases like that of 40-year-old Glenn Martin. As noted in Prisoner's
Dilemma in the March 14, 2011, edition of American Prospect, "Mr.
Martin was convicted in 1995 for an armed robbery of a New York City
jewelry store and was sentenced to six years in prison. When he went
to jail, he had $300 in outstanding child-support debt and owed $100
a week as part of his regular court-ordered payment. He was worried
because he'd have no income in prison and knew he'd emerge owing more
money. He guessed at the time it would total $3,000 or $4,000.

When he got out in June 2001, he decided to turn his life around, get
a job, and stay out of trouble. But then he found out about his
child-support bill. Not only had his payments accrued during the six
years but the state had tacked on 9 percent compounding interest. The
bill was $50,000."

There are many barriers to a person's ability to make a successful
transition from prison to community and family life, including
getting a living wage job, finding a safe and affordable
place to live and having access to supportive services. These
challenges begin the day a person is released from prison. It is


unrealistic to expect that every formerly incarcerated person will be
able to begin fulfilling their child support obligations immediately,
and that is why the bill gives the court discretion to stay an order
for up to 180 days.

FISCAL IMPACT:
Minimal.

EFFECTIVE DATE:
90 days after becoming law.

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

    S. 5473--A                                            A. 7931--A

                       2011-2012 Regular Sessions

                      S E N A T E - A S S E M B L Y

                              May 25, 2011
                               ___________

IN  SENATE -- Introduced by Sens. MONTGOMERY, HASSELL-THOMPSON, PERKINS,
  RIVERA -- read twice and ordered  printed,  and  when  printed  to  be
  committed  to  the Committee on Crime Victims, Crime and Correction --
  recommitted to the Committee on Crime Victims, Crime and Correction in
  accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

IN ASSEMBLY -- Introduced by M. of A. AUBRY -- read once and referred to
  the Committee  on  Correction  --  recommitted  to  the  Committee  on
  Correction  in  accordance  with  Assembly Rule 3, sec. 2 -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the correction law, the criminal procedure law  and  the
  domestic  relations  law,  in relation to child support obligations of
  inmates; and to amend section 13 of chapter 182 of the  laws  of  2010
  amending the tax law, the family court act, the domestic relations law
  and  the  social  services  law  relating to the modification of child
  support orders, employer reporting of new hires  and  quarterly  earn-
  ings,  work programs and the noncustodial earned income tax credit, in
  relation to the effectiveness of certain provisions thereof

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

  Section 1. The correction law is amended by adding a new section 149-a
to read as follows:
  S  149-A.  NOTIFICATION  TO INMATES OF THEIR ABILITY TO SEEK MODIFICA-
TIONS OF AN ORDER OF CHILD SUPPORT. NOTWITHSTANDING ANY PROVISION OF LAW
TO THE CONTRARY, THE DEPARTMENT SHALL NOTIFY ALL INMATES RESIDING  IN  A
CORRECTIONAL  FACILITY  WITHIN  THE STATE OF NEW YORK OF THE POSSIBILITY
THAT THEY MAY BE ABLE TO MODIFY AN EXISTING CHILD SUPPORT ORDER BASED ON
A "SUBSTANTIAL CHANGE IN CIRCUMSTANCES" IN ACCORDANCE WITH  SECTION  TWO

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10641-07-2

S. 5473--A                          2                         A. 7931--A

HUNDRED  THIRTY-SIX  OF  THE  DOMESTIC  RELATIONS  LAW  AND SECTION FOUR
HUNDRED FIFTY-ONE OF THE FAMILY COURT ACT.
  S 2. Subdivision 1  of section 390.30 of the criminal procedure law is
amended to read as follows:
  1.  The  investigation. The pre-sentence investigation consists of the
gathering of information with respect to the circumstances attending the
commission of the offense, the defendant's  history  of  delinquency  or
criminality,  and  the  defendant's  social history, employment history,
family situation, economic status, INCLUDING CHILD SUPPORT  OBLIGATIONS,
education,  and personal habits. Such investigation may also include any
other matter which the agency conducting the investigation  deems  rele-
vant  to the question of sentence, and must include any matter the court
directs to be included.
  S 3. Subdivision 9 of part B of section 236 of the domestic  relations
law is amended by adding a new paragraph e to read as follows:
  E. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, UPON AN
APPLICATION  FOR A MODIFICATION OF CHILD SUPPORT PURSUANT TO THIS SUBDI-
VISION, THE COURT IN ITS DISCRETION, MAY ISSUE AN ORDER  DIRECTING  THAT
AN  ORDER  FOR  PAYMENT OF CHILD SUPPORT BE STAYED FOR A PERIOD OF UP TO
ONE HUNDRED EIGHTY DAYS FOLLOWING THE RELEASE OF A NON-CUSTODIAL  PARENT
FROM  A PERIOD OF INCARCERATION.  ARREARS SHALL ACCRUE DURING SUCH PERI-
OD. THE ORIGINAL ORDER, OR ANY MODIFIED ORDER SHALL  BE  ENFORCEABLE  AT
THE END OF SUCH STAY.
  S  4.  Section  13 of chapter 182 of the laws of 2010 amending the tax
law, the family court act, the domestic relations  law  and  the  social
services  law  relating  to  the  modification  of child support orders,
employer reporting of new hires and quarterly  earnings,  work  programs
and  the  noncustodial  earned  income  tax credit is amended to read as
follows:
  S 13. This act shall take effect on the ninetieth day after  it  shall
have  become  law; provided however, that sections six and seven of this
act shall apply to any action or proceeding to modify any order of child
support entered on or after the effective date of this act  except  that
if  the  child support order incorporated without merging a valid agree-
ment or stipulation of the parties, the amendments regarding the modifi-
cation of a child support order set forth in sections six and  seven  of
this  act  shall only apply if the incorporated agreement or stipulation
was executed on or after this act's  effective  date,  AND  EXCEPT  THAT
SECTIONS SIX AND SEVEN OF THIS ACT SHALL APPLY TO ANY ACTION OR PROCEED-
ING TO MODIFY A CHILD SUPPORT ORDER ENTERED AGAINST ANY PERSON WHO IS AN
INMATE  IN  A  CORRECTIONAL  FACILITY  IN THIS STATE WHOSE INCARCERATION
BEGAN PRIOR TO THE EFFECTIVE DATE OF THIS ACT;  provided  however,  that
sections  three  and  four  of  this  act shall take effect on the three
hundred sixty-fifth day after it shall have become a law.
  S 5. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

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