What's happening
This bill requires that orders of protection for domestic violence victims remain in effect until the offender complies with child support orders, and strengthens child support enforcement in such cases.
Why it matters
Extends protection for domestic violence victims. By preventing orders of protection from expiring until child support is paid, the bill ensures ongoing legal protection for victims, potentially minimizing opportunities for coercion or retaliation by the offender.
Links financial responsibility with legal compliance. Offenders must fulfill their child support obligations before court protection orders can be lifted, making financial accountability a prerequisite for legal relief.
Strengthens automatic enforcement of child support. The bill mandates prompt and automatic issuance of income deduction orders and support enforcement actions when the offender is under an order of protection, reducing the risk of non-payment and easing the burden on victims to pursue enforcement.
Targets repeated non-compliance. By tying continued legal restrictions to child support compliance, the bill may deter repeat offenders and habitual non-payers, increasing both economic security and safety for victims and their children.
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Who cares
Headline styles
Link Protection to Child Support
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to children and families
- Referred to children and families
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1378
2019-2020 Regular Sessions
IN SENATE
January 14, 2019
Introduced by Sen. FUNKE -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families
AN ACT to amend the criminal procedure law, the family court act, the domestic relations law and the civil practice law and rules, in relation to orders of protection and child support enforcement
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 530.11 of the criminal procedure law is amended by adding a new subdivision 8 to read as follows:
8. An order of protection that has been issued by the court to a victim of domestic violence, as defined in section four hundred fiftynine-a of the social services law, shall include a provision that such order shall not expire or be vacated for any reason, unless the party against whom such order is issued is in compliance with any court order directing him or her to pay child support.
§ 2. Section 812 of the family court act is amended by adding a new subdivision 6 to read as follows:
6. An order of protection that has been issued by the court to a victim of domestic violence, as defined in section four hundred fiftynine-a of the social services law, shall include a provision that such order shall not expire or be vacated for any reason, unless the party against whom such order is issued is in compliance with any court order directing him or her to pay child support.
§ 3. Subdivision 3 of section 240 of the domestic relations law is amended by adding a new paragraph j to read as follows:
j. An order of protection that has been issued by the court to a victim of domestic violence, as defined in section four hundred fiftynine-a of the social services law, shall include a provision that such order shall not expire or be vacated for any reason, unless the party against whom such order is issued is in compliance with any court order directing him or her to pay child support.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07118-01-9
S. 1378 2
§ 4. Paragraph 1 of subdivision (b) of section 5241 of the civil practice law and rules, as amended by chapter 270 of the laws of 2013, is amended to read as follows:
(1) When a debtor is in default, an execution for support enforcement may be issued by the support collection unit, or by the sheriff, the clerk of court or the attorney for the creditor as an officer of the court. When a debtor of a child support order also has an order of protection currently in force against him or her, which has been issued to the creditor of the child support order, an execution for support enforcement shall be issued by the support collection unit, or by the sheriff, the clerk of the court or the attorney for the creditor as an officer of the court. Where a debtor is receiving or will receive income, an execution for deductions therefrom in amounts not to exceed the limits set forth in subdivision (g) of this section may be served upon an employer or income payor after notice to the debtor. The amount of the deductions to be withheld shall be sufficient to ensure compliance with the direction in the order of support, and shall include an additional amount to be applied to the reduction of arrears. The issuer may amend the execution before or after service upon the employer or income payor to reflect additional arrears or payments made by the debtor after notice pursuant to subdivision (d) of this section, or to conform the execution to the facts found upon a determination made pursuant to subdivision (e) of this section.
§ 5. Subdivision (c) of section 5242 of the civil practice law and rules, as amended by chapter 270 of the laws of 2013, is amended to read as follows:
(c) When the court enters an order of support on behalf of persons other than those in receipt of public assistance or in receipt of services pursuant to section one hundred eleven-g of the social services law, or registers pursuant to article five-B of the family court act an order of support which has been issued by a foreign jurisdiction and which is not to be enforced pursuant to title six-A of article three of the social services law, where the court determines that the debtor has income that could be subject to an income deduction order, the court shall issue an income deduction order to obtain payment of the order at the same time it issues or registers the order. When the court enters an order of child support on behalf of a victim of domestic violence who has also been issued an order of protection, and such order of protection has been issued against the debtor of the order of child support, the court shall enter an income deduction order to obtain payment of the order at the same time it issues or registers the order. The court shall enter the income deduction order unless the court finds and sets forth in writing (i) the reasons that there is good cause not to require immediate income withholding; or (ii) that an agreement providing for an alternative arrangement has been reached between the parties. Such agreement may include a written agreement or an oral stipulation, made on the record, that results in a written order. For purposes of this subdivision, good cause shall mean substantial harm to the debtor. The absence of an arrearage or the mere issuance of an income deduction order shall not constitute good cause. When the court determines that there is good cause not to issue an income deduction order immediately or when the parties agree to an alternative arrangement as provided in this subdivision, the court shall state expressly in the order of support the basis for its decision.
§ 6. Subdivision 2 of section 454 of the family court act is amended by adding a new paragraph (b-1) to read as follows:
S. 1378 3
(b-1) the court shall make an income deduction order for support enforcement under section fifty-two hundred forty-two of the civil practice law and rules when a debtor is in default for non-payment of child support and has an order of protection currently in place against him or her that was issued to the creditor of such child support order;
§ 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 criminal procedure law, the family court act, the domestic relations law and the civil practice law and rules, in relation to orders of protection and child support enforcement
Purpose
Relates to orders of protection and child support enforcement.
Summary of provisions
Section one amends section 530.11 of the criminal procedure law and adds a new subdivision 8
Section two amends section 812 of the family court act and adds a new subdivision 6
Section three amends subdivision 3 of section 240 of the domestic relations law and adds a new paragraph j
Section four amends paragraph 1 of subdivision (b) of section 5241 of the civil practice law and rules
Section five amends subdivision (c) of section 5242 of the civil prac- tice law and rules
Section six amends subdivision 2 of section 454 of the family court act and adds a new paragraph (b-1)
Section seven contains the effective date
Justification
When an order of protection has been issued by the court to a victim of domestic violence, the victim has to continue returning to court in order to maintain the protection. In some cases where a victim has an order of protection, they also are receiving court ordered child support. Victims of domestic violence continue to be victims when the child support payments are stopped, delayed or not paid in full and they must return to court and face their abuser. This bill would address a number of injustices victims of domestic violence and their families must face.
First, this bill would not allow an order of protection to expire or be vacated if the party whom the order is against is not in compliance with any court ordered child support payments. Second, this bill would allow for enforcement of child support orders if and when the debtor of a child support order also has an order of protection currently in force against him/her. Third, the bill provides for a victim of domestic violence who has been issued an order of protection, and that order has been issued against the debtor of child support, the court then enters an income deduction order to obtain payment.
This legislation is needed for a variety of reasons, most importantly because it stops the continued abuse of the domestic violence victim and the control that the abuser continues to have over them when it comes to court proceedings. This would also save victims of domestic violence the emotional and financial burden of going back and forth to court. This would not prevent orders of protection to be vacated in other circum- stances.
Legislative history
New Bill
Fiscal implications
None
Effective date
This act shall take effect immediately
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