S T A T E O F N E W Y O R K
________________________________________________________________________
5691
2013-2014 Regular Sessions
I N A S S E M B L Y
March 5, 2013
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Introduced by M. of A. STEVENSON -- read once and referred to the
Committee on Judiciary
AN ACT to amend the family court act and the domestic relations law, in
relation to calculating parental gross income derived solely from
public assistance
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The opening paragraph of subparagraph 5 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:
"Income" shall mean, but shall not be limited to, the sum of the
amounts determined by the application of clauses (i), (ii), (iii),
(III-A), (iv), (v) and (vi) of this subparagraph reduced by the amount
determined by the application of clause (vii) of this subparagraph:
S 2. Subparagraph 5 of paragraph (b) of subdivision 1 of section 413
of the family court act is amended by adding a new clause (iii-a) to
read as follows:
(III-A) IN INSTANCES WHERE GROSS INCOME OF A PARENT DERIVES SOLELY
FROM DISABILITY BENEFITS, SOCIAL SECURITY BENEFITS OR ANY OTHER FORM OF
PUBLIC ASSISTANCE, THE COURT SHALL DETERMINE SUCH PARENT'S GROSS INCOME
ON THE LESSER OF SUCH PUBLIC ASSISTANCE AMOUNT OR THE CURRENT MINIMUM
WAGE RATE FOR AN ESTIMATED FORTY-HOUR WORKWEEK LESS ANY DEDUCTIONS
AVAILABLE UNDER THIS SUBDIVISION;
S 3. The opening paragraph of subparagraph 5 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:
"Income" shall mean, but shall not be limited to, the sum of the
amounts determined by the application of clauses (i), (ii), (iii),
(III-A), (iv), (v) and (vi) of this subparagraph reduced by the amount
determined by the application of clause (vii) of this subparagraph:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07753-01-3
A. 5691 2
S 4. Subparagraph 5 of paragraph (b) of subdivision 1-b of section 240
of domestic relations law is amended by adding a new clause (iii-a) to
read as follows:
(III-A) IN INSTANCES WHERE GROSS INCOME OF A PARENT DERIVES SOLELY
FROM DISABILITY BENEFITS, SOCIAL SECURITY BENEFITS OR ANY OTHER FORM OF
PUBLIC ASSISTANCE, THE COURT SHALL DETERMINE SUCH PARENT'S GROSS INCOME
ON THE LESSER OF SUCH PUBLIC ASSISTANCE AMOUNT OR THE CURRENT MINIMUM
WAGE RATE FOR AN ESTIMATED FORTY-HOUR WORKWEEK LESS ANY DEDUCTIONS
AVAILABLE UNDER THIS SUBDIVISION;
S 5. This act shall take effect immediately.