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Assembly Bill A7804

2021-2022 Legislative Session

Relates to recurring payments to the non-custodial parent in special circumstances in child support proceedings involving joint or shared custody of children

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Archive: Last Bill Status - In Assembly Committee

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2021-A7804 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Family Court Act
Laws Affected:
Amd §413, Fam Ct Act; amd §240, Dom Rel L

2021-A7804 (ACTIVE) - Summary

Relates to recurring payments to the non-custodial parent in special circumstances in child support proceedings involving joint or shared custody of children.

2021-A7804 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7804
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 21, 2021
                                ___________
 
 Introduced  by  M.  of  A.  LAVINE -- (at request of the Office of Court
   Administration) -- read once and referred to the Committee on  Judici-
   ary
 
 AN  ACT  to  amend  the  family court act and domestic relations law, in
   relation to recurring payments to the non-custodial parent in  special
   circumstances  in  child support proceedings involving joint or shared
   custody of children
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraphs (h), (i), (j), (k) and (l) of subdivision 1 of
 section 413 of the family court act are relettered paragraphs (i),  (j),
 (k), (l) and (m) and a new paragraph (h) is added to read as follows:
   (H)  NOTWITHSTANDING THE ABOVE, PROVIDED THAT THE CHILD IS NOT RECEIV-
 ING TEMPORARY ASSISTANCE FOR NEEDY FAMILIES, THE COURT  MAY  DIRECT  THE
 CUSTODIAL  PARENT  TO  PAY A RECURRING SUM OF MONEY TO THE NON-CUSTODIAL
 PARENT WHERE THE COURT DETERMINES THAT: (1) THE NON-CUSTODIAL PARENT HAS
 BEEN AWARDED  EXTENDED  VISITATION;  (2)  THE  NON-CUSTODIAL  PARENT  IS
 REQUIRED  TO  PAY  ONLY THE STATUTORY MINIMUM AMOUNT OF CHILD SUPPORT TO
 THE CUSTODIAL PARENT PURSUANT TO PARAGRAPH (D) OF THIS SUBDIVISION;  (3)
 THERE  IS A VAST DISPARITY IN THE PARTIES' INCOME IN FAVOR OF THE CUSTO-
 DIAL PARENT, AND THE NON-CUSTODIAL PARENT DOES NOT HAVE THE  ABILITY  TO
 EARN  SUFFICIENT  INCOME  TO PROVIDE FOR THE CHILD'S BASIC NEEDS WHEN IN
 HIS OR HER CARE; (4) SUCH PAYMENT IS NECESSARY TO ENABLE THE  NON-CUSTO-
 DIAL  PARENT  TO PROVIDE FOR THE CHILD'S BASIC NEEDS WHEN IN THE CARE OF
 THE NON-CUSTODIAL PARENT; (5) DIRECTING THE  CUSTODIAL  PARENT  TO  MAKE
 SUCH  PAYMENT WOULD NOT RESULT IN INSUFFICIENT FUNDS IN THE HOUSEHOLD OF
 THE CUSTODIAL PARENT TO MEET THE BASIC NEEDS OF THE CHILD; OR (6) TO  DO
 OTHERWISE WOULD NOT BE IN THE CHILD'S BEST INTERESTS AND WOULD CAUSE THE
 CHILD  TO  UNFAIRLY BEAR THE ECONOMIC BURDEN OF THE PARENTAL SEPARATION.
 SUCH PAYMENT SHALL BE DEEMED CHILD SUPPORT FOR THE PURPOSES OF  ENFORCE-
 MENT AND SHALL BE DEEMED INCOME TO THE NON-CUSTODIAL PARENT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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