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Assembly Bill A7138

2011-2012 Legislative Session

Enacts the "child support assurance act"

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Archive: Last Bill Status - In Assembly Committee

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2011-A7138 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Family Court Act
Laws Affected:
Amd ยง440, Fam Ct Act

2011-A7138 (ACTIVE) - Summary

Enacts the "child support assurance act"; authorizes the court to require the state to grant child support to custodial parents and guardians in certain instances.

2011-A7138 (ACTIVE) - Bill Text download pdf 

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

                                  7138

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             April 13, 2011
                               ___________

Introduced  by M. of A. LANCMAN -- read once and referred to the Commit-
  tee on Judiciary

AN ACT to amend the family court act, in relation to enacting the "child
  support assurance act"

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

  Section  1.   Short title. This act shall be known and may be cited as
the "child support assurance act".
  S 2.  Subdivision 1 of section 440 of the family court act is  amended
by adding a new paragraph (d) to read as follows:
  (D) NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER TO THE CONTRA-
RY, WHERE THE COURT DETERMINES IT IS IN THE BEST INTERESTS OF THE CHILD,
THE  COURT  MAY  REQUIRE  THE  STATE TO REMIT TO THE CUSTODIAL PARENT OR
GUARDIAN CHILD SUPPORT PAYMENTS WHICH ARE OTHERWISE  THE  OBLIGATION  OF
THE  NON-CUSTODIAL  PARENT  OR GUARDIAN, PROVIDED THAT THE NON-CUSTODIAL
PARENT OR GUARDIAN SHALL BE RESPONSIBLE FOR REIMBURSING  THE  STATE  FOR
ANY SUCH PAYMENTS MADE.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that effective immediate-
ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
necessary for the implementation of this act on its effective  date  are
authorized  and  directed  to  be  made  and completed on or before such
effective date.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09589-02-1

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