Assembly Bill A8296

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8296
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 12, 2025
                                ___________
 
 Introduced  by  M.  of  A.  McMAHON  -- (at request of the Unified Court
   System) -- 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 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  AND/OR  TO THIRD PARTIES ON THE CHILD'S BEHALF WHILE IN THE CARE
 OF THE NON-CUSTODIAL PARENT WHERE THE COURT FINDS, IN  A  WRITTEN  DECI-
 SION,  THAT:  (1)  THE NON-CUSTODIAL PARENT HAS BEEN AWARDED SUBSTANTIAL
 PARENTING TIME WITH THE CHILD; (2) THE CUSTODIAL PARENT HAS FAR  GREATER
 INCOME AND/OR ASSETS THAN THE NON-CUSTODIAL PARENT, AND THE NON-CUSTODI-
 AL PARENT DOES NOT HAVE THE ABILITY TO EARN SUFFICIENT INCOME TO PROVIDE
 FOR THE CHILD'S BASIC NEEDS WHEN IN THE NON-CUSTODIAL PARENT'S CARE; (3)
 SUCH  PAYMENT IS NECESSARY TO ENABLE THE NON-CUSTODIAL PARENT TO PROVIDE
 FOR THE CHILD'S BASIC NEEDS  WHEN  IN  THE  CARE  OF  THE  NON-CUSTODIAL
 PARENT;  (4)  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; AND (5) 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  ENFORCEMENT
 AND  SHALL BE DEEMED INCOME TO THE NON-CUSTODIAL PARENT. AFTER DETERMIN-
 ING THE AMOUNT OF THE RECURRING PAYMENTS ORDERED TO BE PAID TO THE  NON-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09100-02-5
              

 A. 8296                             2
 
 CUSTODIAL  PARENT  PURSUANT TO THIS SECTION BY THE CUSTODIAL PARENT, AND
 THE AMOUNT OF THE BASIC CHILD SUPPORT  OBLIGATION  TO  BE  PAID  TO  THE
 CUSTODIAL   PARENT  BY  THE  NON-CUSTODIAL  PARENT,  THE  COURT  IN  ITS
 DISCRETION  MAY  DEDUCT  THE  SMALLER PAYMENT FROM THE LARGER PAYMENT SO
 THAT THERE IS ONLY ONE PAYMENT TO BE MADE HEREUNDER.
   § 2. Paragraphs (h), (i), (j), (k)  and  (l)  of  subdivision  1-b  of
 section 240 of the domestic relations law 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  AND/OR  TO THIRD PARTIES ON THE CHILD'S BEHALF WHILE IN THE CARE
 OF THE NON-CUSTODIAL PARENT WHERE THE COURT FINDS, IN  A  WRITTEN  DECI-
 SION,  THAT:  (1)  THE NON-CUSTODIAL PARENT HAS BEEN AWARDED SUBSTANTIAL
 PARENTING TIME WITH THE CHILD; (2) THE CUSTODIAL PARENT HAS FAR  GREATER
 INCOME AND/OR ASSETS THAN THE NON-CUSTODIAL PARENT, AND THE NON-CUSTODI-
 AL PARENT DOES NOT HAVE THE ABILITY TO EARN SUFFICIENT INCOME TO PROVIDE
 FOR THE CHILD'S BASIC NEEDS WHEN IN THE NON-CUSTODIAL PARENT'S CARE; (3)
 SUCH  PAYMENT IS NECESSARY TO ENABLE THE NON-CUSTODIAL PARENT TO PROVIDE
 FOR THE CHILD'S BASIC NEEDS  WHEN  IN  THE  CARE  OF  THE  NON-CUSTODIAL
 PARENT;  (4)  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; AND (5) 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  ENFORCEMENT
 AND  SHALL BE DEEMED INCOME TO THE NON-CUSTODIAL PARENT. AFTER DETERMIN-
 ING THE AMOUNT OF THE RECURRING PAYMENTS ORDERED TO BE PAID TO THE  NON-
 CUSTODIAL  PARENT  PURSUANT TO THIS SECTION BY THE CUSTODIAL PARENT, AND
 THE AMOUNT OF THE BASIC CHILD SUPPORT  OBLIGATION  TO  BE  PAID  TO  THE
 CUSTODIAL   PARENT  BY  THE  NON-CUSTODIAL  PARENT,  THE  COURT  IN  ITS
 DISCRETION MAY DEDUCT THE SMALLER PAYMENT FROM  THE  LARGER  PAYMENT  SO
 THAT THERE IS ONLY ONE PAYMENT TO BE MADE HEREUNDER.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.