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Assembly Bill A3481

2015-2016 Legislative Session

Requires that payments of child support be paid into an escrow account until a determination of filiation has been made

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Archive: Last Bill Status - In Assembly Committee

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2015-A3481 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Family Court Act
Laws Affected:
Add ยง529, Fam Ct Act
Versions Introduced in Other Legislative Sessions:
2009-2010: A1504
2011-2012: A2194
2013-2014: A2832

2015-A3481 (ACTIVE) - Summary

Requires that payments of child support be paid into an escrow account until a determination of filiation has been made.

2015-A3481 (ACTIVE) - Bill Text download pdf 

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

                                  3481

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 23, 2015
                               ___________

Introduced by M. of A. WRIGHT -- read once and referred to the Committee
  on Judiciary

AN  ACT  to  amend  the  family court act, in relation to the payment of
  child support prior to a determination of paternity

  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 529
to read as follows:
  S  529.  PAYMENT  OF SUPPORT PRIOR TO A PATERNITY HEARING. 1. A PERSON
SHALL MAKE SUPPORT PAYMENTS, IN ACCORDANCE WITH THE TERMS OF  A  SUPPORT
ORDER  ENTERED  PURSUANT  TO  ARTICLE  FOUR  OF  THIS ACT OR SECTION TWO
HUNDRED FORTY OF THE DOMESTIC RELATIONS  LAW,  TO  THE  COURT,  IF  SUCH
PAYMENTS ARE TO OCCUR PRIOR TO THE DETERMINATION OF PATERNITY.
  2. THE COURT SHALL KEEP SUCH FUNDS IN AN ESCROW ACCOUNT UNTIL AN ORDER
OF FILIATION HAS BEEN ENTERED.
  3.  IF  THE  COURT DETERMINES THAT THERE IS NOT SUFFICIENT EVIDENCE TO
WARRANT THE ISSUANCE OF AN ORDER OF  FILIATION,  THEN  THE  COURT  SHALL
RETURN  THE  ENTIRE  ESCROW  ACCOUNT  TO  THE  PERSON  WHO  HAD MADE THE
PAYMENTS.
  4. UPON THE ENTERING OF AN ORDER OF FILIATION, THE COURT SHALL PAY ALL
OF THE MONIES IN THE ESCROW ACCOUNT IN ACCORDANCE WITH THE TERMS OF  THE
SUPPORT ORDER.
  5.  IN  THE  EVENT THAT THE CUSTODIAL PARENT IS RECEIVING GOVERNMENTAL
ASSISTANCE, THE COURT SHALL INFORM THE LOCAL  OFFICE  OF  TEMPORARY  AND
DISABILITY  ASSISTANCE  OF  THE FINDINGS OF THE COURT IN RELATION TO THE
PATERNITY HEARING AND OF  THE  RESULTING  PAYMENT  OF  MONIES,  IF  ANY,
RECEIVED BY SUCH CUSTODIAL PARENT.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05043-01-5

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