senate Bill S1453

2013-2014 Legislative Session

Provides for accumulated child support arrears equivalent to or greater than ten thousand dollars to be punishable as a class E felony

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

do you support this bill?

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to judiciary
Jan 09, 2013 referred to judiciary

Co-Sponsors

S1453 - Bill Details

Current Committee:
Law Section:
Family Court Act
Laws Affected:
Add §458-d, Fam Ct Act
Versions Introduced in Previous Legislative Sessions:
2011-2012: S2479A
2009-2010: S3665

S1453 - Bill Texts

view summary

Provides for accumulated child support arrears equivalent to or greater than ten thousand dollars to be punishable as a class E felony.

view 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
a noncompliant non-custodial parent, who does not pay their share of
child support. Child support is not a luxury but a means to provide
for a child's basic needs. Failure to comply with paying child support
is a form of child neglect and in extreme cases over $10,000, should
be guilty of a class E felony punishable in accordance with the penal
code. Due to the class E felony distinction, the County Sheriff will
have the jurisdiction to extradite non custodial parents that have
accumulated over $10,000 in arrears and have left the state.

LEGISLATIVE HISTORY:
2008: S.6958A Judiciary Committee/A.9622A Judiciary committee
2009-10: S.3665 Judiciary Committee
2011-12: S.2479-A Judiciary Committee

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding
the on which it shall have become law.

view full 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

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.