|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2014||referred to judiciary|
|Jan 09, 2013||referred to judiciary|
senate Bill S1453
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S1453 - Details
S1453 - Summary
Provides for accumulated child support arrears equivalent to or greater than ten thousand dollars to be punishable as a class E felony.
S1453 - Sponsor Memo
BILL NUMBER:S1453 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. JUSTIFICATION: Custodial parents trying to raise their children are often faced with
S1453 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1453 2013-2014 Regular Sessions I N S E N A T E (PREFILED) January 9, 2013 ___________ Introduced by Sens. FLANAGAN, LARKIN -- 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 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. LBD05630-01-3
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