Provides for crime of non-support of a child where a parent voluntarily reduces or terminates employment or fails to seek employment

Summary of provisions

Section One - amends subdivision 2 of section 260.05 of the penal law, as added by chapter 70 of the laws of 2008, nonsupport of a child in the second degree, to include agency of competent jurisdiction so that it is a misdemeanor for a person obligated to make child support payments by an order of child support entered by either a court of competent jurisdiction or an agency of competent jurisdiction for a child less than eighteen years old to knowingly fail to payor refuse without lawful excuse to provide support for such child when he or she is able to, or becomes unable to pay, when, though employable, he or she voluntarily terminates his or her employment, voluntarily reduces his or her earning capacity or fails to diligently seek employment.

Section Two - amends paragraph (b) of subdivision 1 of section 260.06 of the penal law, as added by chapter 70 of the laws of 2008, non-support of a child in the first degree, by making it a crime for a person obligated to make child support payments for a child less than eighteen years old by a child support order entered by a court or agency to knowingly fail to payor refuse without lawful excuse to provide support for such child when he or she is able to, or becomes unable to pay, when, though employable, he or she voluntarily terminates his or her employment, voluntarily reduces his or her earning capacity or fails to diligently seek employment.

Section Three - this act shall take effect on the first of November following the date on which it shall become law.

Justification

Under current law, a person obligated to pay child support by a child support order is guilty of the misdemeanor offense of non-support of a child when he or she purposely terminates his or her employment, reduces his or her earnings or fails to diligently seek to be employed. However, the purposeful termination of employment, reduction of earnings or failure to diligently seek to be employed is currently not a basis for the felony offense of nonsupport of a child in the first degree. This bill will make clear that a person obligated to pay child support by a child support order is guilty of non-support in the first degree when he or she purposely terminates his or her employment, reduces his or her earnings or fails to diligently seek to be employed, and he or she has been previously convicted in the preceding five years of the misdemeanor offense of nonsupport of a child.

With this change, we will provide consistency in the law so that the purposeful termination of employment, reduction of earnings or failure to diligently seek to be employed may serve as the basis for both the felony offense of non-support of a child in the first degree as well as the misdemeanor offense of non-support of a child in the second degree. Persons who are legally obligated to provide child support should not be permitted to escape criminal prosecution where they have deliberately taken action to avoid paying child support.

We will also provide consistency in the law by providing that a child support order may be entered in either a court of competent jurisdiction or an agency of competent jurisdiction since child support orders can and are obtained in either venue.

Legislative history

05/03/11 - S.5104 Referred to Codes/ 01/05/11 - A.329 Referred to Codes 01/04/12 - S.5104 Passed Senate/ 01/04/12 - A.329 Referred to Codes 04/22/13 - S.2292 Passed Senate/ 01/14/13 - A.2328 Referred to Codes

Fiscal implications

None.

Effective date

This act shall take effect on the first of November following the date on which it shall become law.