What's happening
This bill allows a parent's child support obligation to be reduced by the amount of Social Security dependent benefits received by their child.
Why it matters
Prevents “double-dipping” in support calculations. By allowing a parent’s child support obligation to be reduced by the amount of Social Security dependent benefits their child receives, the bill ensures that parents aren’t effectively paying the same support twice—once through their Social Security earnings and again via direct payments.
May particularly affect disabled or retired parents. Parents who are retired, disabled, or otherwise eligible for Social Security benefits may be most impacted, as their dependent children often receive these benefits. This could make support obligations more manageable for parents living on fixed incomes.
Aligns state law with federal benefit structures. The bill recognizes Social Security dependent benefits as a legitimate form of child support, bringing state calculations in line with how federal benefit programs are intended to support children.
Could streamline family court proceedings. Clarifying that these benefits count toward support may reduce litigation over what income counts toward a parent’s obligation, potentially leading to fewer disputes and more predictable outcomes in child support cases.
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Who cares
Parents whose earnings generate Social Security dependent benefits
The bill would credit benefits received by their children toward their child support obligation.
Parents receiving child support
The bill would reduce the other parent's support obligation by crediting Social Security benefits paid to the children based on that parent's earnings record.
Family Court judges and matrimonial attorneys
The bill would require support calculations under both the Family Court Act and Domestic Relations Law to include dependent benefits as income and credit them as child support.
Headline styles
Credit Social Security to Support
Plain English, a few words. Used as the page title.
Sponsors
2 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.
Requires reduction of a parent's child support obligation by the amount of social security dependent benefits received by the child
In Senate Committee · Judiciary · Sponsor Kenneth P. LaValle
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8716
2017-2018 Regular Sessions
IN ASSEMBLY
October 5, 2017
Introduced by M. of A. THIELE, JENNE, McDONALD -- read once and referred to the Committee on Judiciary
AN ACT to amend the family court act and the domestic relations law, in relation to reducing a parent's child support obligation by the amount of social security dependent benefits received by the child
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subparagraph 1 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 to read as follows:
(1) "Basic child support obligation" shall mean the sum derived by adding the amounts determined by the application of subparagraphs two and three of paragraph (c) of this subdivision except as increased pursuant to subparagraphs four, five, six and seven of such paragraph and decreased pursuant to subparagraph eight of such paragraph.
§ 2. Clause (iii) of subparagraph 5 of paragraph (b) of subdivision 1 of section 413 of the family court act, as amended by chapter 567 of the laws of 1989, subclauses (G) and (H) as amended and subclause (I) as added by chapter 387 of the laws of 2015, is amended to read as follows:
(iii) to the extent not already included in gross income in clauses (i) and (ii) of this subparagraph, the amount of income or compensation voluntarily deferred and income received, if any, from the following sources:
(A) workers' compensation,
(B) disability benefits,
(C) unemployment insurance benefits,
(D) social security benefits,
(E) veterans benefits,
(F) pensions and retirement benefits,
(G) fellowships and stipends,
(H) annuity payments, [and]
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09345-01-7
A. 8716 2
(I) alimony or maintenance actually paid or to be paid to a spouse who is a party to the instant action pursuant to an existing court order or contained in the order to be entered by the court, or pursuant to a validly executed written agreement, in which event the order or agreement shall provide for a specific adjustment, in accordance with this subdivision, in the amount of child support payable upon the termination of alimony or maintenance to such spouse; provided, however, that the specific adjustment in the amount of child support is without prejudice to either party's right to seek a modification in accordance with subdivision three of section four hundred fifty-one of this article. In an action or proceeding to modify an order of child support, including an order incorporating without merging an agreement, issued prior to the effective date of this subclause, the provisions of this subclause shall not, by themselves, constitute a substantial change of circumstances pursuant to paragraph (a) of subdivision three of section four hundred fifty-one of this article[.], and
(J) social security dependent benefits received by the child or children due to the earnings of the parent;
§ 3. Paragraph (c) of subdivision 1 of section 413 of the family court act is amended by adding a new subparagraph 8 to read as follows:
(8) Social security benefits received by the child or children due to the earnings of a parent shall be credited as child support to the parent upon whose earning record it is based.
§ 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 to read as follows:
(1) "Basic child support obligation" shall mean the sum derived by adding the amounts determined by the application of subparagraphs two and three of paragraph (c) of this subdivision except as increased pursuant to subparagraphs four, five, six and seven of such paragraph and decreased pursuant to subparagraph eight of such paragraph.
§ 5. Clause (iii) of subparagraph 5 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, subclauses (G) and (H) as amended and subclause (I) as added by chapter 387 of the laws of 2015, is amended to read as follows:
(iii) to the extent not already included in gross income in clauses (i) and (ii) of this subparagraph, the amount of income or compensation voluntarily deferred and income received, if any, from the following sources:
(A) workers' compensation,
(B) disability benefits,
(C) unemployment insurance benefits,
(D) social security benefits,
(E) veterans benefits,
(F) pensions and retirement benefits,
(G) fellowships and stipends,
(H) annuity payments, [and]
(I) alimony or maintenance actually paid or to be paid to a spouse who is a party to the instant action pursuant to an existing court order or contained in the order to be entered by the court, or pursuant to a validly executed written agreement, in which event the order or agreement shall provide for a specific adjustment, in accordance with this subdivision, in the amount of child support payable upon the termination of alimony or maintenance to such spouse; provided, however, that the specific adjustment in the amount of child support is without prejudice
A. 8716 3
to either party's right to seek a modification in accordance with subparagraph two of paragraph b of subdivision nine of part B of section two hundred thirty-six of this article. In an action or proceeding to modify an order of child support, including an order incorporating without merging an agreement, issued prior to the effective date of this subclause, the provisions of this subclause shall not, by themselves, constitute a substantial change of circumstances pursuant to paragraph b of subdivision nine of part B of section two hundred thirty-six of this article[.], and
(J) social security dependent benefits received by the child or children due to the earnings of the parent;
§ 6. Paragraph (c) of subdivision 1-b of section 240 of the domestic relations law is amended by adding a new subparagraph 8 to read as follows:
(8) Social security benefits received by the child or children due to the earnings of a parent shall be credited as child support to the parent upon whose earning record it is based.
§ 7. 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.