What's happening
This bill allows a parent's child support obligation to be reduced by any social security dependent benefits received by the child.
Why it matters
Direct financial impact on parents paying child support. If a child receives Social Security dependent benefits due to a parent’s earnings (e.g., the parent becomes disabled or retires), the parent’s required child support payments will be reduced by the amount of those benefits, potentially lowering their out-of-pocket obligation.
Recognition of government benefits as support. By crediting Social Security dependent benefits toward child support, the law acknowledges these payments as fulfilling part of the parent’s support responsibility, which could make the support system more equitable when a parent’s ability to pay is affected by disability or retirement.
Potential implications for custodial parents and children. While this may relieve financial pressure on the noncustodial parent, it could also reduce the total support received by the custodial parent and child if the Social Security benefit is less than the original support obligation, possibly affecting household budgets.
Legal clarity and administrative efficiency. The amendment standardizes how Social Security dependent benefits are treated in calculating child support, reducing uncertainty or litigation over whether these benefits should offset a parent’s support obligation.
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Who cares
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Sponsors
1 Co-sponsor
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.
Credit Social Security to Support
In Assembly Committee · Judiciary · Sponsor Fred Thiele
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4017
2017-2018 Regular Sessions
IN SENATE
February 1, 2017
Introduced by Sen. LAVALLE -- read twice and ordered printed, and when printed to be committed 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
S. 4017 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
S. 4017 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.
Sponsor's memo
Title of bill
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
Purpose
Requires a reduction of a parent's child support obligation by the amount of social security dependent benefits received by the child.
Summary of provisions
Section 1. Subparagraph 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.
Section 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, sub clauses (g) and (h) as amended and sub clause (i) as added by chapter 387 of the laws of 2015, is amended;
Section 3. Paragraph (c) of subdivision 1 of section 413 of the family court act is amended by adding a new paragraph 8;
Section 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;
Section 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, sub clauses (g) and (h) as amended and sub clause (i) as added by chapter 387 of the laws of 2015 is amended;
Section 6. Paragraph (c) of subdivision 1-b of section 240 of the domestic relations law is amended by adding a new subparagraph 8;
Section 7. Effective date.
Justification
There are many instances in New York State where a non-custodial parent is paying child support, mandated by a Court order, and Social Security Benefit payments are not counted against the support. Some states have created laws where the Social Security Benefit counts dollar for dollar against a non-custodial parent's obligation to support his or her child. This bill would not grant an automatic child support payment reduction by the non-custodial parent where Social Security Benefits are received. The non-custodial parent would have to seek the reduction through the mandated court order where child support payment amounts are specifically spelled out. This can happen at the initial child support agreement or relief can be sought if benefits are received after the date of the agreement.
Legislative history
2015-16 S.796/A.655; 2013-14 S.2005/A.1888; 2011-12 S.4547/A.7070; 2010 A.9210
Fiscal implications
None to the State.
Effective date
Immediately.
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