Senate Bill S7574

2011-2012 Legislative Session

Relates to the child support obligations of indigent and near-indigent support obligors

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Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 05, 2012	referred to rules

2011-S7574 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Domestic Relations Law
Laws Affected:: Amd §240, Dom Rel L; amd §413, Fam Ct Act

2011-S7574 (ACTIVE) - Summary

Relates to the child support obligations of indigent and near-indigent support obligors.

2011-S7574 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S7574

TITLE OF BILL:
An act
to amend the domestic relations law and the family court act,
in relation to the
child support obligations of indigent and near-indigent support
obligors

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.

This measure corrects a long-standing anomaly in the interpretation of
New York's child support statutes with respect to non-custodial
parents whose child support obligations would reduce their incomes to
a level below the self-support reserve.

Chapter 436 of the Laws of 2011 conformed New York's child support
statutes to the Federal Child Support Enforcement Act (Social
Security Act, Title IV-D §467(b)(2), as amended, 42 USCA §667(b)(2))
by incorporating a rebuttable presumption, rather than a mandate,
that the child support obligation of a non-custodial parent, whose
income is below the Federal poverty level, would be a minimum of $25
per month ($300 per year).
The new statute thus codified the decision of the Court of Appeals in

Rose v. Moody, 83 N.Y.2d 65 (1993), cert. denied, 511 U.S. 1084
(1994), by incorporating the same factors that may justify a
departure from the State's Child Support Standards Act percentages,
i.e., the factors enumerated in Family Court Act §413(1)(f) and
Domestic Relations Law §240(1-b)(f). At the same time, chapter 436
authorized the courts to include child care, medical and educational
expenses in determining the support obligation of non-custodial
parents whose incomes exceeded the Federal poverty level but were
less than the self-support
reserve for a single individual, an amount set and published
by the New York State Office of Temporary and Disability Assistance.

As noted, however, the new statute failed to correct a long-standing
anomaly in the interpretation of New York's child support statutes
with respect to non-custodial parents whose child support obligation
would reduce their incomes to a level below the self-support reserve.
Ironically, a literal reading of the current
statutory language has led to the conclusion that the more children a
non-custodial parent is obligated to support the less the child
support obligation would be. We, therefore, propose this measure to
prevent this unintended consequence.

Family Court Act §413(1)(d) and Domestic Relations Law §240(1-b)(d)
both provide that "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 United States
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." Where such a calculation reduces the
non-custodial parent's income below the Federal poverty level, the
child support obligation would be a minimum of $25 per month, which
would be rebuttable, as noted above.
These provisions were intended to provide a floor for child support
orders, which would generally be $50 per month ($600 per year) if the
non-custodial parent's income is above the self-support reserve
level, between $25 and $50 per month if the non-custodial parent's
income is above the Federal poverty level but below the self-support
reserve level and a rebuttable presumption of $25 per month if the
non-custodial parent's income is below the Federal poverty level.

However, these provisions have been interpreted to require an
obligation of less than $50 per month in situations where the income
is above the self-support reserve but would be reduced to an amount
below the poverty level simply because the non-custodial parent has
multiple children with the custodial parent to support. For example,
if a non-custodial parent with one child has an annual income at the
self-support reserve ($14,702 for 2011), the basic child support
obligation (17% of income) of $2,499 would reduce his or her income
to $12,203. Since this amount is above the poverty level ($10,890 in
2011), then the support obligation would be $50 per month ($600 per
year). However, if the same non-custodial parent had five children,
the basic child support obligations (35% of income) would be $5,146,
which would reduce the income to $9,556 annually. Since that amount
is below the poverty level, the non-custodial parent would be deemed
obligated to pay $25 per month, an amount that would be rebuttable.
Surely the Legislature did not intend that a custodial parent
struggling to raise five children would receive less support from the
non-custodial parent than a custodial parent raising only one child.

This measure expands the applicability of the rebuttable presumption
regarding the support obligation of indigent non-custodial parents to
those whose income is above the poverty level but below the
self-support reserve. It expresses the child support obligation as an
annual, rather than a monthly, amount so as to be consistent with
both the poverty and self-support reserve levels as published by the
State Office of Temporary and Disability Assistance. Most
significantly, it corrects the unintended and unfair consequence of
the interpretation of current law by eliminating the disparity
between the support obligations of non-custodial parents with one
child as compared to those with multiple children. Under the example
given above, this measure provides that a non-custodial parent with an
income at the self-support level of $14,702 would have a child
support obligation of $600 per year regardless of whether he or she
was supporting one or five children. No longer would the
non-custodial parent with five children pay just half of the amount
paid by the parent with one child. Enactment of this measure would,
therefore, replace an anomalous result with one that takes into
account the circumstances of both the non-custodial parent and his
or her children.

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

LEGISLATIVE HISTORY:
None. New proposal.

2011-S7574 (ACTIVE) - Bill Text download pdf

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

                                  7574

                            I N  S E N A T E

                              June 5, 2012
                               ___________

Introduced  by  COMMITTEE ON RULES -- (at request of the Office of Court
  Administration) -- read twice and ordered printed, and when printed to
  be committed to the Committee on Rules

AN ACT to amend the domestic relations law and the family court act,  in
  relation  to  the child support obligations of indigent and near-indi-
  gent support obligors

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

  Section  1.  Subparagraph  1  of  paragraph  (b) of subdivision 1-b of
section 240 of the domestic relations law, as added by  chapter  567  of
the laws of 1989, is amended to read as follows:
  (1)  (I)  "BASE  CALCULATION" SHALL MEAN THE SUM DERIVED BY ADDING THE
AMOUNTS DETERMINED BY THE APPLICATION OF  SUBPARAGRAPHS  ONE,  TWO,  AND
THREE OF PARAGRAPH (C) OF THIS SUBDIVISION.
  (II)  "Basic  child support obligation" shall mean the [sum derived by
adding the amounts determined by the application  of  subparagraphs  two
and  three of paragraph (c) of this subdivision] BASE CALCULATION except
as increased pursuant to subparagraphs four,  five,  six  and  seven  of
[such] paragraph (C) OF THIS SUBDIVISION.
  S  2.  Paragraph (d) of subdivision 1-b of section 240 of the domestic
relations law, as amended by chapter 436 of the laws of 2011, is amended
to read as follows:
  (d) Notwithstanding the provisions of paragraph (c) of  this  subdivi-
sion[, where the annual amount]:
  (1) IF THE SUPPORT OBLIGOR'S INCOME IS ABOVE THE SELF-SUPPORT RESERVE,
BUT  THE  APPLICATION  of  the  BASE CALCULATION TO THE OBLIGOR'S INCOME
WOULD REDUCE SUCH INCOME BELOW THE SELF-SUPPORT RESERVE, THE basic child
support obligation [would reduce the non-custodial  parent's]  SHALL  BE
SIX  HUNDRED  DOLLARS  PER  YEAR  OR  THE DIFFERENCE BETWEEN THE SUPPORT
OBLIGOR'S INCOME AND THE SELF-SUPPORT RESERVE, WHICHEVER IS GREATER.  IN
ADDITION,  THE COURT MAY, IN ITS DISCRETION, ORDER AMOUNTS IN ACCORDANCE
WITH SUBPARAGRAPHS FOUR, FIVE, SIX AND SEVEN OF PARAGRAPH  (C)  OF  THIS
SUBDIVISION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15028-01-2

S. 7574                             2

  (2)  IF  THE  OBLIGOR'S  income  IS EQUAL TO OR below the SELF-SUPPORT
RESERVE, BUT ABOVE 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 [twenty-five]  SIX
HUNDRED  dollars  per [month, provided, however, that if the court finds
that] YEAR UNLESS such [basic child support] AN obligation WOULD  REDUCE
THE  SUPPORT  OBLIGOR'S INCOME BELOW THE POVERTY INCOME AMOUNT, IN WHICH
CASE THE BASIC CHILD SUPPORT OBLIGATION SHALL BE THREE  HUNDRED  DOLLARS
PER  YEAR OR THE DIFFERENCE BETWEEN THE SUPPORT OBLIGOR'S INCOME AND THE
POVERTY LEVEL, WHICHEVER IS GREATER.
  (3) IF THE OBLIGOR'S INCOME IS EQUAL TO OR BELOW  THE  POVERTY  GUIDE-
LINES  AMOUNT  FOR A SINGLE PERSON AS REPORTED BY THE FEDERAL DEPARTMENT
OF HEALTH AND HUMAN SERVICES, THE BASIC CHILD SUPPORT  OBLIGATION  SHALL
BE THREE HUNDRED DOLLARS PER YEAR.
  (4)  NOTWITHSTANDING THE FOREGOING, IF THE COURT FINDS THAT ANY AMOUNT
DETERMINED PURSUANT TO SUBPARAGRAPH (1), (2), OR (3) OF  THIS  PARAGRAPH
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]  CHILD SUPPORT OBLIGOR
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  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.]
  S 3. Subparagraph 1 of paragraph (b) of subdivision 1 of  section  413
of  the family court act, as amended by chapter 567 of the laws of 1989,
is amended to read as follows:
  (1) (I) "BASE CALCULATION" SHALL MEAN THE SUM DERIVED  BY  ADDING  THE
AMOUNTS  DETERMINED  BY  THE  APPLICATION OF SUBPARAGRAPHS ONE, TWO, AND
THREE OF PARAGRAPH (C) OF THIS SUBDIVISION.
  (II) "Basic child support obligation" shall mean the [sum  derived  by
adding  the  amounts  determined by the application of subparagraphs two
and three of paragraph (c) of this subdivision] BASE CALCULATION  except
as  increased  pursuant  to  subparagraphs  four, five, six and seven of
[such] paragraph (C) OF THIS SUBDIVISION.
  S 4. Paragraph (d) of subdivision 1 of section 413 of the family court
act, as amended by chapter 436 of the laws of 2011, is amended  to  read
as follows:
  (d)  Notwithstanding  the provisions of paragraph (c) of this subdivi-
sion[, where the annual amount]: (1) IF THE SUPPORT OBLIGOR'S INCOME  IS
ABOVE  THE  SELF-SUPPORT RESERVE, BUT THE APPLICATION of the BASE CALCU-
LATION TO THE OBLIGOR'S INCOME WOULD REDUCE SUCH INCOME BELOW THE  SELF-
SUPPORT  RESERVE,  THE  basic child support obligation [would reduce the
non-custodial parent's] SHALL BE SIX HUNDRED DOLLARS  PER  YEAR  OR  THE
DIFFERENCE  BETWEEN  THE  SUPPORT  OBLIGOR'S INCOME AND THE SELF-SUPPORT
RESERVE, WHICHEVER IS GREATER.  IN  ADDITION,  THE  COURT  MAY,  IN  ITS
DISCRETION,  ORDER  AMOUNTS IN ACCORDANCE WITH SUBPARAGRAPHS FOUR, FIVE,
SIX AND SEVEN OF PARAGRAPH (C) OF THIS SUBDIVISION.

S. 7574                             3

  (2) IF THE OBLIGOR'S income IS EQUAL  TO  OR  below  the  SELF-SUPPORT
RESERVE,  BUT  ABOVE  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 [twenty-five] SIX
HUNDRED  dollars  per [month; provided, however, that if the court finds
that] YEAR UNLESS such [basic child support] AN obligation WOULD  REDUCE
THE  SUPPORT  OBLIGOR'S INCOME BELOW THE POVERTY INCOME AMOUNT, IN WHICH
CASE THE BASIC CHILD SUPPORT OBLIGATION SHALL BE THREE  HUNDRED  DOLLARS
PER  YEAR OR THE DIFFERENCE BETWEEN THE SUPPORT OBLIGOR'S INCOME AND THE
POVERTY LEVEL, WHICHEVER IS GREATER.
  (3) IF THE OBLIGOR'S INCOME IS EQUAL TO OR BELOW  THE  POVERTY  GUIDE-
LINES  AMOUNT  FOR A SINGLE PERSON AS REPORTED BY THE FEDERAL DEPARTMENT
OF HEALTH AND HUMAN SERVICES, THE BASIC CHILD SUPPORT  OBLIGATION  SHALL
BE THREE HUNDRED DOLLARS PER YEAR.
  (4)  NOTWITHSTANDING THE FOREGOING, IF THE COURT FINDS THAT ANY AMOUNT
DETERMINED PURSUANT TO SUBPARAGRAPH (1), (2), OR (3) OF  THIS  PARAGRAPH
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] CHILD SUPPORT
OBLIGOR 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-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 accord-
ance with subparagraphs four, five, six and/or seven of paragraph (c) of
this subdivision.]
  S 5. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

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Senate Bill S7574

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Archive: Last Bill Status - In Senate Committee Rules Committee

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2011-S7574 (ACTIVE) - Details

2011-S7574 (ACTIVE) - Summary

2011-S7574 (ACTIVE) - Sponsor Memo

2011-S7574 (ACTIVE) - Bill Text download pdf

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Archive: Last Bill Status - In Senate Committee Rules Committee

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2011-S7574 (ACTIVE) - Details

2011-S7574 (ACTIVE) - Summary

2011-S7574 (ACTIVE) - Sponsor Memo

2011-S7574 (ACTIVE) - Bill Text download pdf

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