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History
- Referred to judiciary
- Referred to judiciary
Companion bill
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Provides for a one-time 6 month stay of the enforcement of a child support order, when the payor is involuntarily terminated from employment
In Assembly Committee · Judiciary · Sponsor Karim Camara
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the general obligations law, the family court act, the domestic relations law and the social services law, in relation to granting a person with child support obligations, who involuntarily had his or her employment terminated, with a temporary stay of criminal, civil and administrative penalties for nonpayment of such obligations
Purpose or general idea of bill
If enacted this legislation would grant a temporary stay of an order of support when a person involuntarily loses employment. Any person under obligation to pay child support, who involuntarily has his or her employment terminated, may, within thirty days of Such involuntary termination of employment, petition, the court for a stay of the enforcement of the obligation to pay child support and the enforcement of any and all civil, criminal and administrative penalties for the failure to pay child support for a period of six months.
Summary
Section 1. Any person under an obligation to pay child support, who involuntarily has his or her employment terminated, may, within thirty day of such involuntary termination of employment, petition the court for a stay of the enforcement of the obligation to pay child support and the enforcement of any and all civil, criminal and administrative penalties for the failure to pay child support for a period of six months.
Justification
In tough economic times, job security is a major concern for many Americans. As companies downsize and lay-off employees as cost saving measures, the uncertainty of the economy; and the uncertainty of employment, are a scary reality burdening many Americans. When someone under an agreement for child support is involuntarily terminated, it is a more difficult time because these individuals face potential criminal, civil, and administrative penalties, for failure to make obligated payments. They must act within 30 days of their termination or they forfeit this stay of the order. This bill would allow for a one-time stay in child support obligations for a period of six months for anyone involuntarily terminated and only for just cause shown. Upon the filing of all necessary paperwork with all state agencies and patties involved, and enrollment in a job-training program, the court shall grant the stay of child support payments. At the end of the six month period all appropriate payments will become due and the court shall make a determination on the appropriate amount. We should do all we can to help non-custodial parents take care of their responsibilities without unjustly punishing them for circumstances beyond their control.
Prior legislative history
6/16/08 Referred to Judiciary
Fiscal implications
To be determined.
Effective date
This act shall take effect on the first of January next succeeding the date on which it shall have become a law; provided, that, effective immediately, any rules and regulations necessary to implement the provisions of this act on its effective date are authorized and directed to be completed on or before such date.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.