Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Sep 29, 2016 |
signed chap.365 |
Sep 20, 2016 |
delivered to governor |
Jun 08, 2016 |
returned to senate passed assembly ordered to third reading rules cal.134 substituted for a7253 |
Mar 29, 2016 |
referred to codes delivered to assembly passed senate |
Mar 07, 2016 |
advanced to third reading |
Mar 02, 2016 |
2nd report cal. |
Mar 01, 2016 |
1st report cal.297 |
Jan 06, 2016 |
referred to judiciary returned to senate died in assembly |
Jun 15, 2015 |
referred to codes delivered to assembly passed senate |
May 18, 2015 |
advanced to third reading |
May 13, 2015 |
2nd report cal. |
May 12, 2015 |
1st report cal.590 |
May 06, 2015 |
referred to judiciary |
Senate Bill S5189
Signed By Governor2015-2016 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - Signed by Governor
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
2015-S5189 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A7253
- Law Section:
- Domestic Relations Law
- Laws Affected:
- Amd §245, Dom Rel L
2015-S5189 (ACTIVE) - Sponsor Memo
BILL NUMBER: S5189 Revised 05/25/16 TITLE OF BILL : An act to amend the domestic relations law, in relation to providing additional enforcement mechanisms for collection of spousal or child support This is one in a series of measures being introduced at the request of the Chief Administrative Judge upon the recommendation of his Matrimonial Practice Advisory and Rules Committee. This measure would amend D.R.L. § 245 to eliminate the requirement that other enforcement remedies be exhausted before contempt can be sought against a person who fails to pay child support, spousal support or combined child and spousal support pursuant to a court order in a matrimonial proceeding. Even though Family Court and Supreme Court often have concurrent jurisdiction over support, the Family Court Act does not require a party to exhaust remedies before asking for contempt for failure to pay support. In contrast, D.R.L. § 245 expressly prohibits a party from seeking contempt without first exhausting other remedies. To exhaust a remedy can take months or even longer. For example, if a money judgment is obtained for the amount due, it may take some months to enforce the judgment. To exhaust every remedy could mean delay
2015-S5189 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5189 2015-2016 Regular Sessions I N S E N A T E May 6, 2015 ___________ 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 domestic relations law, in relation to providing additional enforcement mechanisms for collection of spousal or child support THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 245 of the domestic relations law, as amended by chapter 809 of the laws of 1985, is amended to read as follows: S 245. Enforcement by contempt proceedings of judgment or order in action for divorce, separation or annulment. Where a spouse, in an action for divorce, separation, annulment or declaration of nullity of a void marriage, or for the enforcement in this state of a judgment for divorce, separation, annulment or declaration of nullity of a void marriage rendered in another state, makes default in paying any sum of money as required by the judgment or order directing the payment there- of, [and it appears presumptively, to the satisfaction of the court, that payment cannot be enforced pursuant to section two hundred forty- three or two hundred forty-four of this chapter or section fifty-two hundred forty-one or fifty-two hundred forty-two of the civil practice law and rules,] the aggrieved spouse may make application pursuant to the provisions of section seven hundred fifty-six of the judiciary law to punish the defaulting spouse for contempt, and where the judgment or order directs the payment to be made in installments, or at stated intervals, failure to make such single payment 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 defaulting spouse as for a contempt for failure to pay subsequent installments, but for such purpose such spouse may be proceeded against under the said order in the same manner and with the same effect as EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09887-01-5
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