Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
May 03, 2022 |
ordered to third reading cal.543 substituted for a7802 |
Mar 28, 2022 |
referred to judiciary delivered to assembly passed senate |
Mar 03, 2022 |
advanced to third reading |
Mar 02, 2022 |
2nd report cal. |
Mar 01, 2022 |
1st report cal.577 |
Jan 05, 2022 |
referred to judiciary |
May 27, 2021 |
referred to judiciary |
Senate Bill S7077
2021-2022 Legislative Session
Sponsored By
(D, WF) 47th Senate District
Archive: Last Bill Status - On Floor Calendar
- 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
Actions
Votes
2021-S7077 (ACTIVE) - Details
2021-S7077 (ACTIVE) - Sponsor Memo
BILL NUMBER: S7077 SPONSOR: HOYLMAN TITLE OF BILL: An act to amend the family court act and the domestic relations law, in relation to agreements and stipulations of child support This is one in a series of measures being introduced at the request of the Chief Administrative Judge upon the recommendation of his Family Court Advisory and Rules Committee. Section 413(1)(h) of the Family Court Act and section 240(1-b)(h) of the Domestic Relations Law provide three important protections for children when their parents enter into agreements and stipulations for the payment of child support. Such agreements and stipulations must state that the parties were advised of the provisions of the Child Support Standards Act (CSSA), and that the "basic child support obligation" (application of the CSSA percentages to the parties' combined parental income) would "presumptively result in the correct amount of child support to be awarded." Where an agreement or stipulation varies from the basic child support obligation, a statement also must be included as to what the presumptive amount would have been and why deviation from
2021-S7077 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7077 2021-2022 Regular Sessions I N S E N A T E May 27, 2021 ___________ Introduced by Sen. HOYLMAN -- (at request of the Office of Court Admin- istration) -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to amend the family court act and the domestic relations law, in relation to agreements and stipulations of child support THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (h) of subdivision 1 of section 413 of the family court act, as amended by chapter 41 of the laws of 1992, is amended to read as follows: (h) (1) A validly executed agreement or stipulation voluntarily entered into between the parties after the effective date of this subdi- vision presented to the court for incorporation in an order or judgment shall include THE FOLLOWING: (I) a provision stating that the parties have been advised of the provisions of this subdivision; and (II) A PROVISION STATING that the basic child support obligation provided for therein would presumptively result in the correct amount of child support to be awarded. (2) In the event that such agreement or stipulation deviates from the basic child support obligation, the agreement or stipulation must speci- fy the amount that such basic child support obligation would have been and the reason or reasons that such agreement or stipulation does not provide for payment of that amount. (3) Such provision may not be waived by either party or counsel. (4) Nothing contained in this subdivision shall be construed to alter the rights of the parties to voluntarily enter into validly executed agreements or stipulations which deviate from the basic child support obligation provided such agreements or stipulations comply with the provisions of this paragraph. The court shall, however, retain discretion with respect to child support pursuant to this section. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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