S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4440
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2019
                                ___________
 
 Introduced  by  M.  of A. KOLB -- 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"

   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".
   § 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
 DISTRICT CHILD SUPPORT ENFORCEMENT  UNITS.    THE  COMMISSIONER  OF  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04307-01-9

 A. 4440                             2
 
 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.