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Sponsors
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History
- Referred to codes
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Provides for the payment of interest on prejudgment arrears child support and combined child and spousal support pursuant to a court order
In Senate Committee · Codes · Sponsor Helene Weinstein
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the civil practice law and rules, in relation to authorizing the imposition of prejudgment interest in certain cases of nonpayment of support
Purpose of bill
The bill will encourage the obligor of support to make timely support payments.
Summary of provisions of bill
The bill amends the CPLR to provide for prejudgment 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 are owed in child support. This bill includes a measure to encourage prompt payment of support. 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. Since there is currently no interest due on pre-judgment support arrears, these arrears amount to an interest free loan to the obligor.
Legislative history
New bill.
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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.