Provides for the payment of compensatory damages in cases of willful violation of an order of support for a child or spouse and for interest on prejudgment arrears

BILL NUMBER:A6135 REPLACEMENT 5/21/10

Title of bill

An act to amend the family court act, the domestic relations law and the civil practice law and rules, in relation to the payment of compensatory damages for willful violation of an order of support and authorizing the imposition of prejudgment interest in certain cases of nonpayment of support

Purpose of bill

The bill will compensate custodial parents and recipients of support for losses due to the failure of the support obligor to timely make support payments.

Summary of provisions of bill

The bill amends the family court act and domestic relations law to provide that a respondent pay compensation for damages directly resulting from the willful failure to pay child or spousal support, including lost wages, interest, late charges or penalties incurred by the custodial parent or recipient of support. The bill also amends the CPLR to provide for pre judgement interest on unpaid child support and combined child and spousal support.

Justification

Since 1985 a number of laws have strengthened the methods for enforcing child support obligations in New York. Among these are procedures for wage withholding, intercepting tax refunds and lottery winnings, and the suspension of driver's, professional and recreational license. Despite these measures, billions of dollars in past support is owed in child support.

This bill includes two measures to encourage prompt payment of support and compensate for any losses due to the delay in payment. Testimony at hearings and reports from the Association for Children for Enforcement of Support (ACES) indicate that the failure of respondents to pay support results in substantial losses to custodial parents, whether it be in wages lost for court appearances to enforce support or interest charges for late mortgage or utility payments because the support check does not arrive on time. Currently, there is no provision in law to compensate for these costs. In addition, since there is currently no interest due on pre-judgement support arrears, these arrears amount to an interest free loan to the obligor.

Legislative history

2009: A.6135 - A. Judiciary 2007-08; A.3086 - Passed Assembly 2005-06; A.5864 - Passed Assembly 2003-04; A.4622 - Passed Assembly 2001-02; A.4438 - Passed Assembly 1999-00; A.3605 - Passed Assembly 1998; A. 8850 - A. Codes Committee

Fiscal implications for state and local governments

None.

Effective date

This act shall take effect immediately and shall apply to actions and proceedings commenced on or after such effective date.