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Sponsors
No co-sponsors yet.
History
- Recommit, enacting clause stricken
- Referred to judiciary
- Referred to judiciary
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S2586
Title of bill
An act to amend the family court act, in relation to enforcement and punishment for failure to make child support payments
Purpose
Provides for accumulated child support arrears equivalent to or greater than $10,000 to be punishable as a class E felony.
Summary of provisions
An act to amend the Family Court Act by adding a new § 458-d. In addition to the relief granted for failure to comply with an order of support pursuant to the article, an aggrieved party may make an application pursuant to the provision of § 756 of the Judiciary Law to punish the respondent for contempt and where the judgment or order directs payment to be made in installments, or at stated intervals, failure to make such payments may be punished therein provided and such punishment, either by fine or commitment, shall not be a bar to a subsequent proceeding to punish the respondent for a contempt for failure to pay subsequent installments; provided, however if the respondent has willfully accumulated child support arrears equivalent to or greater than $10,000, the respondent shall be guilty of a class E felony punishable in accordance with the Penal Law.
Justification
Custodial parents trying to raise their children are often faced with a noncompliant non-custodial parent, who does not pay their share of child support. Child support is not a luxury but a means to provide for a child's basic needs. Failure to comply with paying child support is a form of child neglect and in extreme cases over $10,000, should be guilty of a class E felony punishable in accordance with the penal code. Due to the class E felony distinction, the County Sheriff will have the jurisdiction to extradite non custodial parents that have accumulated over $10,000 in arrears and have left the state.
Legislative history
2008: S.6958A Judiciary Committee/A.9622A Judiciary committee 2009-10: S.3665 Judiciary Committee 2011-12: S.2479-A Judiciary Committee 2013-14: S.1453 Judiciary Committee
Fiscal implications
None.
Effective date
This act shall take effect on the first of November next succeeding the on which it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.