S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8389
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 13, 2025
                                ___________
 
 Introduced  by  M.  of  A.  BURROUGHS  --  read once and referred to the
   Committee on Judiciary
 
 AN ACT to amend the domestic relations law, the social services law  and
   the family court act, in relation to the calculation of child support;
   and to repeal certain provisions of the domestic relations law and the
   family court act relating thereto

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subparagraph 3 of paragraph (b) of subdivision 1 of section
 240 of the domestic relations law, as added by chapter 215 of  the  laws
 of 2009, is amended to read as follows:
   (3) When the person on whose behalf the petition is brought is a child
 in  accordance  with paragraph (c) of this subdivision, health insurance
 benefits shall be considered "reasonable in cost" if the cost of  health
 insurance  benefits  does  not  exceed  five  percent  of  [the combined
 parental] EITHER PARENT'S gross income. The  cost  of  health  insurance
 benefits shall refer to the cost of the premium and deductible attribut-
 able to adding the child or children to existing coverage or the differ-
 ence  between  such  costs  for self-only and family coverage. Provided,
 however, the presumption that the health insurance benefits are  reason-
 able  in  cost may be rebutted upon a finding that the cost is unjust or
 inappropriate which finding shall be based on the circumstances  of  the
 case,  the  cost  and comprehensiveness of the health insurance benefits
 for which the child or children may otherwise be eligible, and the  best
 interests  of  the child or children. In no instance shall health insur-
 ance benefits be considered "reasonable in cost" if a parent's share  of
 the  cost  of  extending  such  coverage would reduce the income of that
 parent below the self-support reserve.  Health  insurance  benefits  are
 "reasonably  accessible"  if  the child lives within the geographic area
 covered by the plan or lives within thirty minutes or  thirty  miles  of
 travel  time  from  the child's residence to the services covered by the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11275-02-5
              

 A. 8389                             2
 
 health insurance benefits or through benefits provided under a  recipro-
 cal  agreement;  provided, however, this presumption may be rebutted for
 good cause shown including, but not limited to, the special health needs
 of  the  child.   The court shall set forth such finding and the reasons
 therefor in the order of support.
   § 2. Subparagraphs 2 and 3 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, are amended to read as follows:
   (2) "Child support" shall mean a sum to  be  paid  pursuant  to  court
 order  or decree by either or both parents or pursuant to a valid agree-
 ment between the parties for care,  maintenance  and  education  of  any
 unemancipated child under the age of [twenty-one] EIGHTEEN years.
   (3) "Child support percentage" shall mean:
   (i)   seventeen  percent  of  the  [combined  parental]  NON-CUSTODIAL
 PARENT'S income for one child;
   (ii) twenty-five percent  of  the  [combined  parental]  NON-CUSTODIAL
 PARENT'S income for two children;
   (iii)  twenty-nine  percent  of  the [combined parental] NON-CUSTODIAL
 PARENT'S income for three children;
   (iv) thirty-one  percent  of  the  [combined  parental]  NON-CUSTODIAL
 PARENT'S income for four children; and
   (v)  no  less than thirty-five percent of the [combined parental] NON-
 CUSTODIAL PARENT'S income for five or more children.
   § 3. Subparagraph 4 of paragraph (b) of subdivision 1-b of section 240
 of the domestic relations law is REPEALED.
   § 4. Items (B) and (C) of clause (iv) of subparagraph 5  of  paragraph
 (b)  of subdivision 1-b of section 240 of the domestic relations law are
 REPEALED.
   § 5. Clause (vii) 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, subclause (C) as amended by chapter 387 of  the
 laws of 2015, is amended to read as follows:
   (vii)  the  following  shall be deducted from income prior to applying
 the provisions of paragraph (c) of this subdivision:
   (A) unreimbursed employee business expenses except to the extent  said
 expenses reduce personal expenditures,
   (B)  alimony  or  maintenance actually paid to a spouse not a party to
 the instant action pursuant to court order or validly  executed  written
 agreement,
   (C) 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
 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[.],
 A. 8389                             3

   (D) child support actually paid pursuant to  court  order  or  written
 agreement on behalf of any child for whom the parent has a legal duty of
 support and who is not subject to the instant action,
   (E) public assistance,
   (F) supplemental security income,
   (G)  New  York city or Yonkers income or earnings taxes actually paid,
 [and]
   (H) federal insurance contributions act (FICA) taxes actually paid[.],
   (I) NEW YORK STATE INCOME OR EARNINGS TAXES ACTUALLY PAID,
   (J) FEDERAL INCOME OR EARNINGS TAXES ACTUALLY PAID, AND
   (K) HEALTH INSURANCE COSTS ACTUALLY PAID.
   § 6. Subparagraphs 1, 2, 3 and 4 of paragraph (c) of  subdivision  1-b
 of section 240 of the domestic relations law, as added by chapter 567 of
 the  laws  of 1989, subparagraph 2 as amended by chapter 343 of the laws
 of 2009, are amended to read as follows:
   (1) The court shall determine the  [combined  parental]  NON-CUSTODIAL
 PARENT'S income.
   (2)  The  court  shall  multiply the [combined parental] NON-CUSTODIAL
 PARENT'S income up to the amount set forth in paragraph (b) of  subdivi-
 sion  two  of section one hundred eleven-i of the social services law by
 the appropriate child support  percentage  [and  such  amount  shall  be
 prorated  in  the  same  proportion  as  each  parent's income is to the
 combined parental income].
   (3) [Where the combined parental] THE  NON-CUSTODIAL  PARENT'S  income
 [exceeds] SHALL BE CAPPED AT the dollar amount set forth in subparagraph
 two  of  this  paragraph[,  the].    THE court [shall] MAY determine the
 amount of child support for the amount of the [combined  parental]  NON-
 CUSTODIAL  PARENT'S  income  in  excess  of  such  dollar amount through
 consideration of the factors set forth in paragraph (f) of this subdivi-
 sion and/or the child support percentage.
   (4) Where the custodial parent is working, or receiving elementary  or
 secondary  education,  or  higher education or vocational training which
 the court determines will lead to  employment,  and  incurs  child  care
 expenses as a result thereof, the court shall determine reasonable child
 care  expenses  and  such  child care expenses, where incurred, shall be
 prorated in the [same proportion as] AMOUNT OF each parent's income  [is
 to  the  combined  parental income]. Each parent's pro rata share of the
 child care expenses shall be separately stated and added to the  sum  of
 subparagraphs two and three of this paragraph.
   §  7.  Paragraph (g) of subdivision 1-b of section 240 of the domestic
 relations law, as amended by chapter 436 of the laws of 2011, is amended
 to read as follows:
   (g) Where the court finds that the non-custodial  parent's  [pro  rata
 share of the] basic child support obligation is unjust or inappropriate,
 the  court  shall  order  the non-custodial parent to pay such amount of
 child support as the court finds just and  appropriate,  and  the  court
 shall  set  forth,  in  a  written order, the factors it considered; the
 amount of [each party's pro rata share of]  the  NON-CUSTODIAL  PARENT'S
 basic  child  support obligation; and the reasons that the court did not
 order the basic child support obligation. Such written order may not  be
 waived  by either party or counsel; provided, however, and notwithstand-
 ing any other provision of law, the court shall not find that  the  non-
 custodial  parent's  [pro  rata]  share  of such obligation is unjust or
 inappropriate on the basis that such share  exceeds  the  portion  of  a
 public  assistance  grant  which is attributable to a child or children.
 Where the non-custodial parent's income is less than  or  equal  to  the
 A. 8389                             4
 
 poverty  income guidelines amount for a single person as reported by the
 federal department of health and human services,  unpaid  child  support
 arrears in excess of five hundred dollars shall not accrue.
   §  8.  Paragraphs (a) and (b) of subdivision 2 of section 111-i of the
 social services law, paragraph (a) as amended by chapter 343 of the laws
 of 2009 and paragraph (b) as amended by chapter 347 of the laws of 2015,
 are amended to read as follows:
   (a) The commissioner shall publish annually a child support  standards
 chart.  The child support standards chart shall include: (i) the revised
 poverty income guideline for a single person as reported by the  federal
 department  of  health and human services; (ii) the revised self-support
 reserved as defined  in  section  two  hundred  forty  of  the  domestic
 relations  law;  (iii) the dollar amounts yielded through application of
 the child support percentage as defined in section two hundred forty  of
 the  domestic  relations  law  and  section four hundred thirteen of the
 family  court  act;  and  (iv)  the  [combined  parental]  NON-CUSTODIAL
 PARENT'S income amount.
   (b) The [combined parental] NON-CUSTODIAL PARENT'S income amount to be
 reported  in the child support standards chart and utilized in calculat-
 ing orders of child support in accordance with subparagraph two of para-
 graph (c) of subdivision one of section four  hundred  thirteen  of  the
 family  court  act  and subparagraph two of paragraph (c) of subdivision
 one-b of section two hundred forty of the domestic relations law  as  of
 January  thirty-first, two thousand fourteen shall be one hundred forty-
 one thousand dollars; provided,  however,  beginning  March  first,  two
 thousand sixteen and every two years thereafter, the [combined parental]
 NON-CUSTODIAL  PARENT'S  income  amount shall increase by the sum of the
 average annual percentage changes in the consumer price  index  for  all
 urban  consumers (CPI-U) as published by the United States department of
 labor bureau of labor statistics for the prior two years  multiplied  by
 the current [combined parental] NON-CUSTODIAL PARENT'S income amount and
 then rounded to the nearest one thousand dollars.
   §  9.  Subparagraphs  2  and  3  of  paragraph (b) of subdivision 1 of
 section 413 of the family court act, as amended by chapter  567  of  the
 laws of 1989, are amended to read as follows:
   (2)  "Child  support"  shall  mean  a sum to be paid pursuant to court
 order or decree by either or both parents or pursuant to a valid  agree-
 ment  between  the  parties  for  care, maintenance and education of any
 unemancipated child under the age of [twenty-one] EIGHTEEN years.
   (3) "Child support percentage" shall mean:
   (i)  seventeen  percent  of  the  [combined  parental]   NON-CUSTODIAL
 PARENT'S income for one child;
   (ii)  twenty-five  percent  of  the  [combined parental] NON-CUSTODIAL
 PARENT'S income for two children;
   (iii) twenty-nine percent of  the  [combined  parental]  NON-CUSTODIAL
 PARENT'S income for three children;
   (iv)  thirty-one  percent  of  the  [combined  parental] NON-CUSTODIAL
 PARENT'S income for four children; and
   (v) no less than thirty-five percent of the [combined  parental]  NON-
 CUSTODIAL PARENT'S income for five or more children.
   §  10. Subparagraph 4 of paragraph (b) of subdivision 1 of section 413
 of the family court act is REPEALED.
   § 11. Subclauses (B) and (C) of clause (iv) of subparagraph 5 of para-
 graph (b) of subdivision 1 of section 413 of the family  court  act  are
 REPEALED.
 A. 8389                             5
 
   § 12. Clause (vii) 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,  subclause  (C) as amended by chapter 387 of the laws of
 2015, is amended to read as follows:
   (vii)  the  following  shall be deducted from income prior to applying
 the provisions of paragraph (c) of this subdivision:
   (A) unreimbursed employee business expenses except to the extent  said
 expenses reduce personal expenditures,
   (B)  alimony  or  maintenance actually paid to a spouse not a party to
 the instant action pursuant to court order or validly  executed  written
 agreement,
   (C) 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[.],
   (D) child support actually paid pursuant to  court  order  or  written
 agreement on behalf of any child for whom the parent has a legal duty of
 support and who is not subject to the instant action,
   (E) public assistance,
   (F) supplemental security income,
   (G)  New  York city or Yonkers income or earnings taxes actually paid,
 [and]
   (H) federal insurance contributions act (FICA) taxes actually paid[.],
   (I) NEW YORK STATE INCOME OR EARNINGS TAXES ACTUALLY PAID,
   (J) FEDERAL INCOME OR EARNINGS TAXES ACTUALLY PAID, AND
   (K) HEALTH INSURANCE COSTS ACTUALLY PAID.
   § 13. Subparagraphs 1, 2, 3 and 4 of paragraph (c) of subdivision 1 of
 section 413 of the family court act, as amended by chapter  567  of  the
 laws  of  1989,  subparagraph 2 as amended by chapter 343 of the laws of
 2009, are amended to read as follows:
   (1) The court shall determine the  [combined  parental]  NON-CUSTODIAL
 PARENT'S income.
   (2)  The  court  shall  multiply the [combined parental] NON-CUSTODIAL
 PARENT'S income up to the amount set forth in paragraph (b) of  subdivi-
 sion  two  of section one hundred eleven-i of the social services law by
 the appropriate child support  percentage  [and  such  amount  shall  be
 prorated  in  the  same  proportion  as  each  parent's income is to the
 combined parental income].
   (3) [Where the combined parental] THE  NON-CUSTODIAL  PARENT'S  income
 [exceeds] SHALL BE CAPPED AT the dollar amount set forth in subparagraph
 two of this paragraph[, the]. THE court [shall] MAY determine the amount
 of child support for the amount of the [combined parental] NON-CUSTODIAL
 PARENT'S income in excess of such dollar amount through consideration of
 A. 8389                             6

 the  factors  set  forth in paragraph (f) of this subdivision and/or the
 child support percentage.
   (4)  Where the custodial parent is working, or receiving elementary or
 secondary education, or higher education or  vocational  training  which
 the  court  determines  will  lead  to employment, and incurs child care
 expenses as a result thereof, the court shall determine reasonable child
 care expenses and such child care expenses,  where  incurred,  shall  be
 prorated  in the [same proportion as] AMOUNT OF each parent's income [is
 to the combined parental income]. Each parent's pro rata  share  of  the
 child  care  expenses shall be separately stated and added to the sum of
 subparagraphs two and three of this paragraph.
   § 14. Paragraph (g) of subdivision 1 of  section  413  of  the  family
 court  act, as amended by chapter 436 of the laws of 2011, is amended to
 read as follows:
   (g) Where the court finds that the non-custodial  parent's  [pro  rata
 share of the] basic child support obligation is unjust or inappropriate,
 the  court  shall  order  the non-custodial parent to pay such amount of
 child support as the court finds just and  appropriate,  and  the  court
 shall  set  forth,  in  a  written order, the factors it considered; the
 amount of [each party's pro rata share of]  the  NON-CUSTODIAL  PARENT'S
 basic  child  support obligation; and the reasons that the court did not
 order the basic child support obligation. Such written order may not  be
 waived  by either party or counsel; provided, however, and notwithstand-
 ing any other provision of law, including but  not  limited  to  section
 four  hundred  fifteen  of  this part, the court shall not find that the
 non-custodial parent's [pro rata] share of such obligation is unjust  or
 inappropriate  on  the  basis  that  such share exceeds the portion of a
 public assistance grant which is attributable to a  child  or  children.
 Where  the  non-custodial  parent's  income is less than or equal to the
 poverty income guidelines amount for a single person as reported by  the
 federal  department  of  health and human services, unpaid child support
 arrears in excess of five hundred dollars shall not accrue.
   § 15. This act shall take effect on  the  one  hundred  eightieth  day
 after  it  shall have become a law. Effective immediately, the addition,
 amendment and/or repeal of any rule  or  regulation  necessary  for  the
 implementation  of  this  act on its effective date are authorized to be
 made and completed on or before such date.