What's happening
This bill allows family courts to refer long-unpaid child support cases to criminal courts for enforcement after one year.
Why it matters
Strengthens enforcement of chronic child support non-payment. By allowing family courts to refer cases to criminal courts after a year of unpaid support and an unexecuted arrest warrant, the bill creates a new pathway for holding persistent non-payers accountable.
Signals potential for criminal penalties. The prospect of criminal court involvement may act as a stronger deterrent against evasion, as it introduces the possibility of criminal charges in addition to existing civil penalties.
Addresses gaps in current enforcement tools. The amendment targets situations where civil enforcement has stalled (e.g., when a parent cannot be located or is evading arrest), ensuring these cases do not languish indefinitely without consequence.
May impact both payers and recipients of child support. For custodial parents and children owed support, this could lead to more effective collection efforts. For those owing support, it raises the stakes significantly after a year of non-compliance.
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Who cares
Headline styles
Move Child Support Cases
Plain English, a few words. Used as the page title.
Sponsors
9 Co-sponsors
History
- Referred to judiciary
- Referred to judiciary
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Let Criminal Courts Handle Arrears
In Senate Committee · Judiciary · Sponsor Michael Gianaris
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4890
2017-2018 Regular Sessions
IN ASSEMBLY
February 6, 2017
Introduced by M. of A. SIMOTAS, O'DONNELL, BENEDETTO, ZEBROWSKI, GALEF, BRONSON, GUNTHER, WEPRIN, HOOPER, MALLIOTAKIS -- Multi-Sponsored by -- M. of A. ABBATE, COLTON, CROUCH, McLAUGHLIN, MONTESANO, TITONE -read once and referred to the Committee on Judiciary
AN ACT to amend the family court act and the criminal procedure law, in relation to parental failure to pay child support
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 2 of section 454 of the family court act is amended by adding a new paragraph (j) to read as follows:
(j) the court may refer the proceeding to a criminal court of competent jurisdiction if, (i) an arrest warrant has been issued for a violation of any provision of this act related to child support or of section 215.50, 215.51, 215.52, 260.05 or 260.06 of the penal law, (ii) no arrest has been made, (iii) one year has elapsed since the issuance of such arrest warrant, and (iv) the support arrears has not been paid.
§ 2. Subdivision 1 of section 10.20 of the criminal procedure law is amended to read as follows:
1. Superior courts have trial jurisdiction of all offenses. They have:
(a) Exclusive trial jurisdiction of felonies; and
(b) Trial jurisdiction of misdemeanors concurrent with that of the local criminal courts; and
(c) Trial jurisdiction of petty offenses, but only when such an offense is charged in an indictment which also charges a crime; and
(d) Jurisdiction over such child support enforcement matters referred to the local criminal court by a family court judge pursuant to subdivision two of section four hundred fifty-four of the family court act.
§ 3. Subdivision 1 of section 10.30 of the criminal procedure law is amended to read as follows:
1. Local criminal courts have trial jurisdiction of all offenses other than felonies. They have:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04144-01-7
A. 4890 2
(a) Exclusive trial jurisdiction of petty offenses except for the superior court jurisdiction thereof prescribed in paragraph (c) of subdivision one of section 10.20; [and]
(b) Trial jurisdiction of misdemeanors concurrent with that of the superior courts but subject to divestiture thereof by the latter in any particular case; and
(c) Jurisdiction over such child support enforcement matters referred to the local criminal court by a family court judge pursuant to subdivision two of section four hundred fifty-four of the family court act.
§ 4. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.