| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Jan 04, 2012 |
referred to judiciary |
| Jun 03, 2011 |
print number 2479a |
| Jun 03, 2011 |
amend and recommit to judiciary |
| Jan 21, 2011 |
referred to judiciary |
Senate Bill S2479A
2011-2012 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Judiciary Committee
Actions
Bill Amendments
2011-S2479 - Details
- Current Committee:
- Senate Judiciary
- Law Section:
- Family Court Act
- Laws Affected:
- Add §458-d, Fam Ct Act
- Versions Introduced in Other Legislative Sessions:
-
2009-2010:
S3665
2013-2014: S1453
2015-2016: S2586
2011-S2479 - 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
2011-S2479 - Bill Text download pdf
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
2011-S2479A (ACTIVE) - Details
- Current Committee:
- Senate Judiciary
- Law Section:
- Family Court Act
- Laws Affected:
- Add §458-d, Fam Ct Act
- Versions Introduced in Other Legislative Sessions:
-
2009-2010:
S3665
2013-2014: S1453
2015-2016: S2586
2011-S2479A (ACTIVE) - 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.
2011-S2479A (ACTIVE) - Bill 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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