Requires reduction of a parent's child support obligation by the amount of social security dependent benefits received by the child

1 Co-sponsor

• Kathleen A. Marchione

BILL NUMBER:S2005

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 obli- gation by the amount of social security dependent benefits received by the child

Purpose or general idea of bill

Requires a reduction of a parent's child support obligation by the amount of social security dependent benefits received by the child.

Summary of specific provisions

Section 1. Subparagraph 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 of paragraph (b) of subdivi- sion 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 subdivi- sion 1-b of section 240 of the domestic relations law, as added by chap- ter 567 of the laws of 1989, is amended;

Section 6. Paragraph (c) of subdivision 1-b of section 240 of the domes- tic 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.

Prior legislative history

2011-12: A.7070/S.4547 2010: A.9210

Fiscal implications

None to the state.

Effective date

This act shall take effect immediately.