S T A T E O F N E W Y O R K
________________________________________________________________________
6057
2017-2018 Regular Sessions
I N A S S E M B L Y
February 23, 2017
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Introduced by M. of A. KOLB, LOPEZ -- Multi-Sponsored by -- M. of A.
CROUCH, GIGLIO, HAWLEY, THIELE -- read once and referred to the
Committee on Social Services
AN ACT to amend the social services law, in relation to enacting the
"New York state national guard and reserves child support modification
act of 2017"
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as the "New York
state national guard and reserves child support modification act of
2017".
§ 2. Legislative findings and intent. Since 2001, men and women who
make up New York state's national guard and reserves have been called up
to active duty in both Iraq and Afghanistan. Often, such active duty
results in the loss of salary or a portion of a salary for the individ-
ual due to the difference in pay between their civilian employment and
the military pay based on their rank. In cases where the member called
up to active duty is a non-custodial parent, the difference in pay may
make it difficult for the individual to meet his or her child support
obligations. Unfortunately, the non-custodial parent may find himself
or herself in arrears which can lead to penalties, such as the loss of
driving privileges. In order to avoid situations such as this, the
legislature seeks to create a program that will address and alleviate
these problems.
§ 3. The social services law is amended by adding a new section 106-d
to read as follows:
§ 106-D. CHILD SUPPORT MILITARY MODIFICATION PROGRAM. 1. NOTWITH-
STANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE COMMISSIONER OF
THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE, IN CONJUNCTION WITH
THE DIVISION OF MILITARY AND NAVAL AFFAIRS, SHALL ESTABLISH A CHILD
SUPPORT MILITARY MODIFICATION PROGRAM (CSMM) UNDER THE AUSPICES OF THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10074-01-7
A. 6057 2
DISTRICT CHILD SUPPORT ENFORCEMENT UNITS. THE COMMISSIONER OF THE
OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE SHALL ESTABLISH A PROGRAM
TO MODIFY THE CHILD SUPPORT PAID BY ANY MEMBER OF THE NEW YORK STATE
ORGANIZED MILITIA OR RESERVES OF THE UNITED STATES ARMED FORCES CALLED
UP TO ACTIVE DUTY FOR MORE THAN THIRTY CONTINUOUS DAYS IN SUPPORT OF
MILITARY OPERATIONS OVERSEAS OR IN THE CONUS (CONTINENTAL UNITED
STATES). THIS SHALL NOT INCLUDE SERVICE DURING TRAINING EXERCISES OR
MOBILIZATION FOR FEDERAL OR STATE DISASTER RELIEF PROJECTS.
2. THE COMMISSIONER OF THE OFFICE OF TEMPORARY AND DISABILITY ASSIST-
ANCE SHALL ESTABLISH FOR USE BY THE DISTRICT CHILD SUPPORT ENFORCEMENT
UNITS AN APPLICATION FORM FOR MEMBERS OF THE NEW YORK STATE ORGANIZED
MILITIA AND RESERVES WHO WISH TO PARTICIPATE IN THE CSMM PROGRAM AND WHO
MEET THE DEPLOYMENT CRITERIA. SUCH APPLICATION SHALL INCLUDE A FORM
THAT THE APPLICANT MUST COMPLETE AND SIGN AUTHORIZING THE CHILD SUPPORT
ENFORCEMENT UNIT TO OBTAIN INCOME INFORMATION FROM THE APPLICANT'S MILI-
TARY EMPLOYER. THIS APPLICATION SHALL BE MADE AVAILABLE ON THE OFFICE
OF TEMPORARY AND DISABILITY ASSISTANCE'S WEBSITE AND AT ALL MILITARY
MOBILIZATION CENTERS. APPLICATIONS FOR SUCH PROGRAM SHALL BE SUBMITTED
BY THE APPLICANT TO THE CHILD SUPPORT ENFORCEMENT UNIT OR AT HIS OR HER
MOBILIZATION CENTER TO THE OFFICER-IN-CHARGE, WHO THEN SHALL FORWARD THE
APPLICATION TO THE CHILD SUPPORT ENFORCEMENT UNIT.
3. IF THE CHILD SUPPORT ENFORCEMENT UNIT DETERMINES THAT THE APPLI-
CANT'S MILITARY INCOME WILL VARY SIGNIFICANTLY FROM THE APPLICANT'S
CIVILIAN INCOME AND THE APPLICANT IS PAYING COURT-ORDERED CHILD SUPPORT,
THE UNIT SHALL SEEK A TEMPORARY MODIFICATION IN THE CHILD SUPPORT PAID
BY THE APPLICANT DURING HIS OR HER MILITARY ACTIVE DUTY BY FILING A
MOTION ON BEHALF OF THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE IN
THE COURT IN WHICH THE CHILD SUPPORT WAS ENTERED. THE MOTION SHALL SEEK
TO MODIFY THE CHILD SUPPORT PAID BY THE APPLICANT BY THE SAME PROPORTION
THAT THE APPLICANT'S MILITARY PAY VARIES FROM HIS OR HER CIVILIAN PAY.
IF THE MOTION TO MODIFY IS GRANTED, THE CHILD SUPPORT SHALL BE ADJUSTED
APPROPRIATELY AND BE DEEMED TO BE IN FULL FORCE AND EFFECT. THE TEMPO-
RARY MODIFICATION PERIOD SHALL APPLY TO THE SUPPORT OBLIGATIONS OF THE
NON-CUSTODIAL PARENT ON THE DATE OF THEIR ACTIVATION AND SHALL CONTINUE
AT SUCH LEVEL FOR THE DURATION OF THEIR ACTIVE DUTY DEPLOYMENT AND FOR
SIXTY DAYS THEREAFTER FOLLOWING THEIR DEACTIVATION. UPON EXPIRATION OF
THE TEMPORARY SUPPORT ORDER THE CHILD SUPPORT COURT-ORDER PRIOR TO
DEPLOYMENT SHALL BE DEEMED TO BE IN FULL FORCE AND EFFECT.
4. THE COMMISSIONER OF THE OFFICE OF TEMPORARY AND DISABILITY ASSIST-
ANCE SHALL PROMULGATE ANY RULES AND REGULATIONS NECESSARY TO ENABLE THE
CHILD SUPPORT ENFORCEMENT UNIT TO CARRY OUT THE CHILD SUPPORT MILITARY
MODIFICATION PROGRAM.
§ 4. This act shall take effect immediately.