NY State Senate Bill 2019-S1378

Archive: Last Bill Status - In Senate Committee Children And Families Committee

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

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to children and families
Jan 14, 2019	referred to children and families

co-Sponsors

2019-S1378 (ACTIVE) - Details

Current Committee:: Senate Children And Families
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §530.11, CP L; amd §§812 & 454, Fam Ct Act; amd §240, Dom Rel L; amd §§5241 & 5242, CPLR
Versions Introduced in 2017-2018 Legislative Session:: S3847

2019-S1378 (ACTIVE) - Summary

Requires an order of protection that has been issued to a victim of domestic violence to include a provision that the order shall not expire or be vacated unless the party against whom such order is issued is in compliance with any court order directing him or her to pay child support and requires an automatic income deduction order for such order of support.

2019-S1378 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1378

SPONSOR: FUNKE
 
TITLE OF BILL:

An act to amend the criminal procedure law, the family court act, the
domestic relations law and the civil practice law and rules, in relation
to orders of protection and child support enforcement

 
PURPOSE:

Relates to orders of protection and child support enforcement.

 
SUMMARY OF PROVISIONS:

Section one amends section 530.11 of the criminal procedure law and adds
a new subdivision 8

Section two amends section 812 of the family court act and adds a new
subdivision 6

Section three amends subdivision 3 of section 240 of the domestic
relations law and adds a new paragraph j

Section four amends paragraph 1 of subdivision (b) of section 5241 of
the civil practice law and rules

Section five amends subdivision (c) of section 5242 of the civil prac-
tice law and rules

Section six amends subdivision 2 of section 454 of the family court act
and adds a new paragraph (b-1)

Section seven contains the effective date

 
JUSTIFICATION:

When an order of protection has been issued by the court to a victim of
domestic violence, the victim has to continue returning to court in
order to maintain the protection. In some cases where a victim has an
order of protection, they also are receiving court ordered child
support. Victims of domestic violence continue to be victims when the
child support payments are stopped, delayed or not paid in full and they
must return to court and face their abuser. This bill would address a
number of injustices victims of domestic violence and their families
must face.

First, this bill would not allow an order of protection to expire or be
vacated if the party whom the order is against is not in compliance with
any court ordered child support payments. Second, this bill would allow
for enforcement of child support orders if and when the debtor of a
child support order also has an order of protection currently in force
against him/her. Third, the bill provides for a victim of domestic
violence who has been issued an order of protection, and that order has
been issued against the debtor of child support, the court then enters
an income deduction order to obtain payment.

This legislation is needed for a variety of reasons, most importantly
because it stops the continued abuse of the domestic violence victim and
the control that the abuser continues to have over them when it comes to
court proceedings. This would also save victims of domestic violence the
emotional and financial burden of going back and forth to court. This
would not prevent orders of protection to be vacated in other circum-
stances.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately

2019-S1378 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1378
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 14, 2019
                                ___________
 
 Introduced  by  Sen.  FUNKE  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Children and Families
 
 AN ACT to amend the criminal procedure law, the family  court  act,  the
   domestic  relations  law  and  the  civil  practice  law and rules, in
   relation to orders of protection and child support enforcement

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 530.11 of the criminal procedure law is amended by
 adding a new subdivision 8 to read as follows:
   8. AN ORDER OF PROTECTION THAT HAS BEEN  ISSUED  BY  THE  COURT  TO  A
 VICTIM  OF  DOMESTIC VIOLENCE, AS DEFINED IN SECTION FOUR HUNDRED FIFTY-
 NINE-A OF THE SOCIAL SERVICES LAW, SHALL INCLUDE A PROVISION  THAT  SUCH
 ORDER  SHALL  NOT  EXPIRE OR BE VACATED FOR ANY REASON, UNLESS THE PARTY
 AGAINST WHOM SUCH ORDER IS ISSUED IS IN COMPLIANCE WITH ANY COURT  ORDER
 DIRECTING HIM OR HER TO PAY CHILD SUPPORT.
   §  2.  Section  812 of the family court act is amended by adding a new
 subdivision 6 to read as follows:
   6. AN ORDER OF PROTECTION THAT HAS BEEN  ISSUED  BY  THE  COURT  TO  A
 VICTIM  OF  DOMESTIC VIOLENCE, AS DEFINED IN SECTION FOUR HUNDRED FIFTY-
 NINE-A OF THE SOCIAL SERVICES LAW, SHALL INCLUDE A PROVISION  THAT  SUCH
 ORDER  SHALL  NOT  EXPIRE OR BE VACATED FOR ANY REASON, UNLESS THE PARTY
 AGAINST WHOM SUCH ORDER IS ISSUED IS IN COMPLIANCE WITH ANY COURT  ORDER
 DIRECTING HIM OR HER TO PAY CHILD SUPPORT.
   §  3.  Subdivision  3  of section 240 of the domestic relations law is
 amended by adding a new paragraph j to read as follows:
   J. AN ORDER OF PROTECTION THAT HAS BEEN  ISSUED  BY  THE  COURT  TO  A
 VICTIM  OF  DOMESTIC VIOLENCE, AS DEFINED IN SECTION FOUR HUNDRED FIFTY-
 NINE-A OF THE SOCIAL SERVICES LAW, SHALL INCLUDE A PROVISION  THAT  SUCH
 ORDER  SHALL  NOT  EXPIRE OR BE VACATED FOR ANY REASON, UNLESS THE PARTY
 AGAINST WHOM SUCH ORDER IS ISSUED IS IN COMPLIANCE WITH ANY COURT  ORDER
 DIRECTING HIM OR HER TO PAY CHILD SUPPORT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD07118-01-9

 S. 1378                             2
 
   § 4. Paragraph 1 of subdivision (b) of section 5241 of the civil prac-
 tice  law  and  rules, as amended by chapter 270 of the laws of 2013, is
 amended to read as follows:
   (1)  When a debtor is in default, an execution for support enforcement
 may be issued by the support collection unit, or  by  the  sheriff,  the
 clerk  of  court  or  the attorney for the creditor as an officer of the
 court.  WHEN A DEBTOR OF A CHILD SUPPORT ORDER  ALSO  HAS  AN  ORDER  OF
 PROTECTION  CURRENTLY IN FORCE AGAINST HIM OR HER, WHICH HAS BEEN ISSUED
 TO THE CREDITOR OF THE CHILD SUPPORT ORDER,  AN  EXECUTION  FOR  SUPPORT
 ENFORCEMENT  SHALL  BE  ISSUED BY THE SUPPORT COLLECTION UNIT, OR BY THE
 SHERIFF, THE CLERK OF THE COURT OR THE ATTORNEY FOR THE CREDITOR  AS  AN
 OFFICER  OF  THE  COURT.  Where  a  debtor  is receiving or will receive
 income, an execution for deductions therefrom in amounts not  to  exceed
 the  limits  set  forth in subdivision (g) of this section may be served
 upon an employer or income payor after notice to the debtor. The  amount
 of  the  deductions to be withheld shall be sufficient to ensure compli-
 ance with the direction in the order of support, and  shall  include  an
 additional  amount to be applied to the reduction of arrears. The issuer
 may amend the execution before or after service  upon  the  employer  or
 income  payor  to  reflect  additional  arrears  or payments made by the
 debtor after notice pursuant to subdivision (d) of this section,  or  to
 conform  the  execution  to  the  facts  found upon a determination made
 pursuant to subdivision (e) of this section.
   § 5. Subdivision (c) of section 5242 of the  civil  practice  law  and
 rules, as amended by chapter 270 of the laws of 2013, is amended to read
 as follows:
   (c)  When  the  court  enters an order of support on behalf of persons
 other than those in receipt  of  public  assistance  or  in  receipt  of
 services pursuant to section one hundred eleven-g of the social services
 law,  or registers pursuant to article five-B of the family court act an
 order of support which has been issued by  a  foreign  jurisdiction  and
 which  is not to be enforced pursuant to title six-A of article three of
 the social services law, where the court determines that the debtor  has
 income  that  could  be  subject to an income deduction order, the court
 shall issue an income deduction order to obtain payment of the order  at
 the  same  time it issues or registers the order.  WHEN THE COURT ENTERS
 AN ORDER OF CHILD SUPPORT ON BEHALF OF A VICTIM OF DOMESTIC VIOLENCE WHO
 HAS ALSO  BEEN  ISSUED  AN  ORDER  OF  PROTECTION,  AND  SUCH  ORDER  OF
 PROTECTION  HAS  BEEN  ISSUED  AGAINST  THE DEBTOR OF THE ORDER OF CHILD
 SUPPORT, THE COURT SHALL ENTER  AN  INCOME  DEDUCTION  ORDER  TO  OBTAIN
 PAYMENT  OF THE ORDER AT THE SAME TIME IT ISSUES OR REGISTERS THE ORDER.
 The court shall enter the income deduction order unless the court  finds
 and  sets  forth in writing (i) the reasons that there is good cause not
 to require immediate income  withholding;  or  (ii)  that  an  agreement
 providing  for  an  alternative arrangement has been reached between the
 parties. Such agreement may include a written agreement or an oral stip-
 ulation, made on the record,  that  results  in  a  written  order.  For
 purposes  of this subdivision, good cause shall mean substantial harm to
 the debtor. The absence of an arrearage  or  the  mere  issuance  of  an
 income  deduction  order shall not constitute good cause. When the court
 determines that there is good cause not to  issue  an  income  deduction
 order  immediately  or when the parties agree to an alternative arrange-
 ment as provided in this subdivision, the court shall state expressly in
 the order of support the basis for its decision.
   § 6. Subdivision 2 of section 454 of the family court act  is  amended
 by adding a new paragraph (b-1) to read as follows:

 S. 1378                             3
 
   (B-1)  THE  COURT  SHALL  MAKE  AN  INCOME DEDUCTION ORDER FOR SUPPORT
 ENFORCEMENT UNDER SECTION FIFTY-TWO HUNDRED FORTY-TWO OF THE CIVIL PRAC-
 TICE LAW AND RULES WHEN A DEBTOR IS IN DEFAULT FOR NON-PAYMENT OF  CHILD
 SUPPORT AND HAS AN ORDER OF PROTECTION CURRENTLY IN PLACE AGAINST HIM OR
 HER THAT WAS ISSUED TO THE CREDITOR OF SUCH CHILD SUPPORT ORDER;
   § 7. This act shall take effect immediately.

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Senate Bill S1378

Sponsored By

Archive: Last Bill Status - In Senate Committee Children And Families Committee

Actions

co-Sponsors

2019-S1378 (ACTIVE) - Details

2019-S1378 (ACTIVE) - Summary

2019-S1378 (ACTIVE) - Sponsor Memo

2019-S1378 (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Rich Funke

Archive: Last Bill Status - In Senate Committee Children And Families Committee

Actions

co-Sponsors

Fred Akshar

2019-S1378 (ACTIVE) - Details

2019-S1378 (ACTIVE) - Summary

2019-S1378 (ACTIVE) - Sponsor Memo

2019-S1378 (ACTIVE) - Bill Text download pdf

Comments