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History
- Referred to judiciary
- Referred to judiciary
Companion bill
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Requires reduction of a parent's child support obligation by the amount of social security dependent benefits received by the child
In Assembly Committee · Judiciary · Sponsor Fred Thiele
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S4547
Title of bill
An act to amend the family court act and the domestic relations law, in relation to reducing a parent's child support obligation by the amount of social security dependent benefits received by the child
Purpose
Requires a reduction of a parent's child support obligation by the amount of social security dependent benefits received by the child.
Summary of provisions
Section 1. subparagraph of of paragraph (b) of subdivision 1 of section 413 of the family court act, as amended by chapter 567 of the laws of 1989 is amended;
Section 2. Clause (iii) of subparagraph 5 (b) of subdivision 1 of section 413 of the family court act, as amended by chapter 567 of the laws of 1989 is amended;
Section 3. Paragraph (c) of subdivision 1 of section 413 of the family court act is amended by adding a new subparagraph 8;
Section 4. subparagraph 1 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, is amended;
Section 5. clause (iii) 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, is amended;
Section 6. Paragraph (c) of subdivision 1-b of section 240 of the domestic relations law is amended by adding a new subparagraph 8;
Section 7. Effective date.
Justification
There are many instances in New York State where a non-custodial parent is paying child support, mandated by a court order, and Social Security Benefit payments are not counted against the support. Some states have created laws where the social Security Benefit counts dollar for dollar against a non-custodial parent's obligation to support his or her child.. This bill would not grant an automatic child support payment reduction by the non-custodial parent where Social Security Benefits are received. The non-custodial parent would have to seek the reduction through the mandated court order where child support payment amounts are specifically spelled out. This can happen at the initial child support agreement or relief can be sought if benefits are received after the date of the agreement.
Legislative history
2010: A.9210
Fiscal implications
None to the State.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.