S T A T E O F N E W Y O R K
________________________________________________________________________
5582
2011-2012 Regular Sessions
I N S E N A T E
June 3, 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 Children and Families
AN ACT to amend the domestic relations law and the family court act, in
relation to the child support obligation of indigent non-custodial
parents
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. 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:
(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], PROVIDED, HOWEVER, THAT IF THE COURT FINDS THAT SUCH BASIC
CHILD SUPPORT OBLIGATION IS UNJUST OR INAPPROPRIATE, WHICH FINDING SHALL
BE BASED UPON CONSIDERATIONS 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 APPRO-
PRIATE. Notwithstanding the provisions of paragraph (c) of this subdi-
vision, 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10934-01-1
S. 5582 2
the self-support 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, 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
compromise that includes an amount for child support less than twenty-
five dollars per month.]
S 2. Paragraphs (d), (g) and (i) of subdivision 1 of section 413 of
the family court act, 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:
(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]; PROVIDED, HOWEVER, THAT IF THE COURT FINDS THAT SUCH BASIC
CHILD SUPPORT OBLIGATION IS UNJUST OR INAPPROPRIATE, WHICH FINDING SHALL
BE BASED UPON CONSIDERATIONS 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. Notwithstanding the provisions of paragraph (c) of this
S. 5582 3
subdivision, where the annual amount of the basic child support obli-
gation 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-support 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
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 3. This act shall take effect on the ninetieth day after it shall
have become a law.