senate Bill S4271

2013-2014 Legislative Session

Provides that no modification of child support orders shall reduce or annul child support arrears accrued prior to the making of an application

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Archive: Last Bill Status - In Committee


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

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to judiciary
Mar 18, 2013 referred to judiciary

S4271 - Details

Current Committee:
Law Section:
Family Court Act
Laws Affected:
Amd §455, Fam Ct Act

S4271 - Summary

Provides that no modification of child support orders shall reduce or annul child support arrears accrued prior to the making of an application.

S4271 - Sponsor Memo

S4271 - Bill Text download pdf

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

                                  4271

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 18, 2013
                               ___________

Introduced  by Sen. BONACIC -- (at request of the Office of Court Admin-
  istration) -- 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 child support
  arrears accrued prior to applications to modify child  support  orders
  in supreme or family court

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

  Section 1. Subdivisions 2 and 5 of section 455  of  the  family  court
act,  as amended by chapter 533 of the laws of 1999, are amended to read
as follows:
  2. Except as provided in article five-B of this  act,  any  respondent
against  whom  an  order  of  commitment has been issued, if financially
unable to comply with any lawful order issued under this  article,  upon
such  notice  to such parties as the court may direct, may make applica-
tion to the court for an order relieving him or her of  FUTURE  payments
directed  in  such  order  and the commitment order. The court, upon the
hearing on such application, if satisfied by competent  proof  that  the
respondent  is  financially unable to comply with such order may, upon a
showing of good cause until further order  of  the  court,  modify  such
order  and  relieve  the  respondent from the commitment order.  NO SUCH
MODIFICATION SHALL REDUCE OR ANNUL CHILD SUPPORT ARREARS  ACCRUED  PRIOR
TO  THE  MAKING  OF  AN  APPLICATION  PURSUANT  TO THIS SECTION. No such
modification shall reduce or annul unpaid sums or installments OF  OTHER
ARREARS  accrued  prior  to  the  making  of such application unless the
defaulting party shows good cause for failure to  make  application  for
relief  from  the  order  directing payment prior to the accrual of such
arrears. Such modification may increase the amount to be  paid  pursuant
to a lawful order issued under this article nunc pro tunc based on newly
discovered evidence.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09329-01-3

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