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Assembly Bill A4864

2013-2014 Legislative Session

Stays child support arrearages while the payor is incarcerated

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Archive: Last Bill Status - Stricken

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2013-A4864 (ACTIVE) - Details

Law Section:
Domestic Relations Law
Laws Affected:
Amd §236, Dom Rel L; amd §451, Fam Ct Act

2013-A4864 (ACTIVE) - Summary

Stays child support arrearages while the payor is incarcerated, is not on work release and has no resources with which to make the payment.

2013-A4864 (ACTIVE) - Bill Text download pdf 

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

                                  4864

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 11, 2013
                               ___________

Introduced  by  M. of A. STEVENSON, AUBRY, COOK -- Multi-Sponsored by --
  M. of A. ARROYO, HIKIND -- read once and referred to the Committee  on
  Judiciary

AN  ACT to amend the domestic relations law and the family court act, in
  relation to staying child support arrearages while the payor is incar-
  cerated

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

  Section  1. Clause (i) of subparagraph 2 of paragraph b of subdivision
9 of part B of section 236 of the domestic relations law, as amended  by
chapter 182 of the laws of 2010, is amended to read as follows:
  (i) The court may modify an order of child support, including an order
incorporating  without  merging  an  agreement  or  stipulation  of  the
parties, upon a  showing  of  a  substantial  change  in  circumstances.
Incarceration  shall  not  be  a  bar to finding a substantial change in
circumstances provided such incarceration is not the result of  non-pay-
ment  of  a  child  support  order,  or an offense against the custodial
parent or child who is the subject  of  the  order  or  judgment.    FOR
PURPOSES  OF  THIS SECTION, A CHILD SUPPORT PAYMENT IS NOT PAST DUE, AND
NO ARREARAGE ACCRUES DURING ANY PERIOD WHEN THE  PARTY  ORDERED  TO  PAY
CHILD  SUPPORT  IS  INCARCERATED,  IS  NOT  ON  WORK RELEASE, AND HAS NO
RESOURCES WITH WHICH TO MAKE THE PAYMENT.
  S 2. Paragraph (a) of subdivision 2 of section 451 of the family court
act, as added by chapter 182 of the laws of 2010, is amended to read  as
follows:
  (a) The court may modify an order of child support, including an order
incorporating  without  merging  an  agreement  or  stipulation  of  the
parties, upon a  showing  of  a  substantial  change  in  circumstances.
Incarceration  shall  not  be  a  bar to finding a substantial change in
circumstances provided such incarceration is not the result of  non-pay-
ment  of  a  child  support  order,  or an offense against the custodial

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07182-01-3

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