S T A T E O F N E W Y O R K
________________________________________________________________________
S. 5165 A. 5813
2021-2022 Regular Sessions
S E N A T E - A S S E M B L Y
February 25, 2021
___________
IN SENATE -- Introduced by Sen. PALUMBO -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Judiciary
IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once and referred
to the Committee on Judiciary
AN ACT to amend the family court act and the domestic relations law, in
relation to reducing a parent's child support obligation by the amount
of social security dependent benefits received by the child
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subparagraph 1 of paragraph (b) of subdivision 1 of section
413 of the family court act, as amended by chapter 567 of the laws of
1989, is amended to read as follows:
(1) "Basic child support obligation" shall mean the sum derived by
adding the amounts determined by the application of subparagraphs two
and three of paragraph (c) of this subdivision except as increased
pursuant to subparagraphs four, five, six and seven of such paragraph
AND DECREASED PURSUANT TO SUBPARAGRAPH EIGHT OF SUCH PARAGRAPH.
§ 2. Clause (iii) of subparagraph 5 of paragraph (b) of subdivision 1
of section 413 of the family court act, as amended by chapter 567 of the
laws of 1989, subclauses (G) and (H) as amended and subclause (I) as
added by chapter 387 of the laws of 2015, is amended to read as follows:
(iii) to the extent not already included in gross income in clauses
(i) and (ii) of this subparagraph, the amount of income or compensation
voluntarily deferred and income received, if any, from the following
sources:
(A) workers' compensation,
(B) disability benefits,
(C) unemployment insurance benefits,
(D) social security benefits,
(E) veterans benefits,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05797-01-1
S. 5165 2 A. 5813
(F) pensions and retirement benefits,
(G) fellowships and stipends,
(H) annuity payments, [and]
(I) alimony or maintenance actually paid or to be paid to a spouse who
is a party to the instant action pursuant to an existing court order or
contained in the order to be entered by the court, or pursuant to a
validly executed written agreement, in which event the order or agree-
ment shall provide for a specific adjustment, in accordance with this
subdivision, in the amount of child support payable upon the termination
of alimony or maintenance to such spouse; provided, however, that the
specific adjustment in the amount of child support is without prejudice
to either party's right to seek a modification in accordance with subdi-
vision three of section four hundred fifty-one of this article. In an
action or proceeding to modify an order of child support, including an
order incorporating without merging an agreement, issued prior to the
effective date of this subclause, the provisions of this subclause shall
not, by themselves, constitute a substantial change of circumstances
pursuant to paragraph (a) of subdivision three of section four hundred
fifty-one of this article[.], AND
(J) SOCIAL SECURITY DEPENDENT BENEFITS RECEIVED BY THE CHILD OR CHIL-
DREN DUE TO THE EARNINGS OF THE PARENT;
§ 3. Paragraph (c) of subdivision 1 of section 413 of the family court
act is amended by adding a new subparagraph 8 to read as follows:
(8) SOCIAL SECURITY BENEFITS RECEIVED BY THE CHILD OR CHILDREN DUE TO
THE EARNINGS OF A PARENT SHALL BE CREDITED AS CHILD SUPPORT TO THE
PARENT UPON WHOSE EARNING RECORD IT IS BASED.
§ 4. Subparagraph 1 of paragraph (b) of subdivision 1-b of section 240
of the domestic relations law, as added by chapter 567 of the laws of
1989, is amended to read as follows:
(1) "Basic child support obligation" shall mean the sum derived by
adding the amounts determined by the application of subparagraphs two
and three of paragraph (c) of this subdivision except as increased
pursuant to subparagraphs four, five, six and seven of such paragraph
AND DECREASED PURSUANT TO SUBPARAGRAPH EIGHT OF SUCH PARAGRAPH.
§ 5. Clause (iii) of subparagraph 5 of paragraph (b) of subdivision
1-b of section 240 of the domestic relations law, as added by chapter
567 of the laws of 1989, subclauses (G) and (H) as amended and subclause
(I) as added by chapter 387 of the laws of 2015, is amended to read as
follows:
(iii) to the extent not already included in gross income in clauses
(i) and (ii) of this subparagraph, the amount of income or compensation
voluntarily deferred and income received, if any, from the following
sources:
(A) workers' compensation,
(B) disability benefits,
(C) unemployment insurance benefits,
(D) social security benefits,
(E) veterans benefits,
(F) pensions and retirement benefits,
(G) fellowships and stipends,
(H) annuity payments, [and]
(I) alimony or maintenance actually paid or to be paid to a spouse who
is a party to the instant action pursuant to an existing court order or
contained in the order to be entered by the court, or pursuant to a
validly executed written agreement, in which event the order or agree-
ment shall provide for a specific adjustment, in accordance with this
S. 5165 3 A. 5813
subdivision, in the amount of child support payable upon the termination
of alimony or maintenance to such spouse; provided, however, that the
specific adjustment in the amount of child support is without prejudice
to either party's right to seek a modification in accordance with
subparagraph two of paragraph b of subdivision nine of part B of section
two hundred thirty-six of this article. In an action or proceeding to
modify an order of child support, including an order incorporating with-
out merging an agreement, issued prior to the effective date of this
subclause, the provisions of this subclause shall not, by themselves,
constitute a substantial change of circumstances pursuant to paragraph b
of subdivision nine of part B of section two hundred thirty-six of this
article[.], AND
(J) SOCIAL SECURITY DEPENDENT BENEFITS RECEIVED BY THE CHILD OR CHIL-
DREN DUE TO THE EARNINGS OF THE PARENT;
§ 6. Paragraph (c) of subdivision 1-b of section 240 of the domestic
relations law is amended by adding a new subparagraph 8 to read as
follows:
(8) SOCIAL SECURITY BENEFITS RECEIVED BY THE CHILD OR CHILDREN DUE TO
THE EARNINGS OF A PARENT SHALL BE CREDITED AS CHILD SUPPORT TO THE
PARENT UPON WHOSE EARNING RECORD IT IS BASED.
§ 7. This act shall take effect immediately.