Allows modification of child support orders or judgments for persons whose income has been reduced due to incarceration

2 Co-sponsors

• Ruben Diaz
• Liz Krueger

Title of bill

An act to amend the domestic relations law and the family court act, in relation to allowing modification of child support orders or judgments for persons whose income has been reduced due to incarceration

Purpose

This bill allows modification of child support orders or judgments for persons whose income has been reduced due to incarceration.

Summary of provisions

Amend paragraph b of subdivision 9 of part B of section 236 of domestic relations law and amend Section 451 of the family court act for the purposes of modification of a prior order or judgment of child support, the court may, in its discretion, consider a reduction in income due to incarceration.

Justification

Parents returning to their communities after incarceration face myriad obstacles to their successful re-integration, including, in many cases, overwhelming judgments for child support arrears that accrued while they were incarcerated. These arrears accrue because in New York State, judges have no discretion to modify any prior order or judgment of child support due to a reduction in income caused by incarceration. As a result, noncustodial parents frequently accumulate massive debt during incarceration, typically owing child support of $20,000 or more upon release. This overwhelming debt discourages legitimate employment and parental responsibility.

The Council of State Governments' Report of the Re-entry Policy Council, a document stemming from a series of meetings among 100 of the most respected workforce, health, housing, public safety, family, community, and victim experts in the country, found that "child support policies that are responsive to parents with a recent history of incarceration and unemployment or low-wage jobs can increase the prospects that such individuals will maintain steady employment, regular support payments, and contact with their children." While realistic financial and child support obligations can reinforce responsibility, increase parental engagement with children, and result in needed financial help to children and communities," excessive debt does the reverse, "increasing pressure on recently released people to quit low-wage jobs and return to the underground economy a choice that can harm families and communities in ways that go far beyond a lack of financial support."

New York, judges have no discretion to modify any prior order or judgment of child support to reflect a reduction in income caused by incarceration, and therefore no ability to set realistic child support orders for incarcerated parents. As a result, about half of incarcerated parents have open child support cases, and are responsible for ongoing payments in the range of $225-$300 per month that accumulate during their incarceration (and cannot be paid down with no steady source of income). Compounding this problem, upon their release from incarceration, up to 65% of non-custodial parents' net income can be automatically deducted from their paychecks to, repay support arrears. High withholding from low-wage checks acts as a disincentive to legal employment. It creates pressure on recently released people to quit on-the-books, often low paying jobs and return to the underground economy, a choice that harms families and communities.

By permitting courts to modify support obligations during a period of incarceration, and thus reduce the potential accrual of massive arrears, this legislation encourages noncustodial parents' financial and interpersonal involvement in the lives of their children and their steady participation in the legal labor market after release from incarceration. It also increases the likelihood that New York State will be able to collect ongoing child support payments. These outcomes will help strengthen communities, reduce recidivism, and promote public safety.

Legislative history

New Bill.

Fiscal implications

To be determined.

Effective date

Immediately.