Authorizes family court judges to transfer certain child support arrears matters to criminal courts

1 Co-sponsor

• Liz Krueger

BILL NUMBER:S2485

Title of bill

An act to amend the family court act and the criminal procedure law, in relation to parental failure to pay child support

Purpose or general idea of bill

To enable family court to refer child support arrears to criminal courts when arrest warrants have been issued.

Summary of specific provisions

1. Adds a new paragraph (j) to subdivision 2 of section 454 of the Family Court Act to give a court jurisdiction providing to refer a case to criminal court if an arrest warrant has been issued but no arrest was made, one year has passed since the warrant was issued and the arrears have not been paid.

2. Amends subdivision 1 of section 10.20 of the Criminal Procedural Law to give this jurisdiction to superior courts.

3. Amends subdivision 1 of section 10.30 of the Criminal Procedural Law to give this jurisdiction to lower courts.

Justification

This bill enhances family court's ability to enforce violations of nonsupport of a child, which under current law is a misdemeanor or a felony based on the degree of the infraction. In cases in which an arrest warrant has been issued for non-support of a child or for contempt of a child support court order, one year has passed since the warrant was issued, and child support arrears have not been paid, family court will be given the jurisdiction to refer the case to criminal court for prosecution. By strengthening the law's ability to hold delinquent parents accountable for non-support, this bill will protect children and families who rely on child support for their livelihood and well-being.

Prior legislative history

2014: Senate Bill #618 (Gianaris) - Died in Senate Judiciary Committee 2012: Senate Bill #4214-A (Gianaris) - Died in Senate Judiciary Committee 2012: Assembly Bill #6362-A (Simotas) - Died in Assembly Judiciary Committee

Fiscal implications

To be determined.

Effective date

Immediately.