Bill Text: NY A02194 | 2011-2012 | General Assembly | Introduced

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Bill Title: Requires that payments of child support be paid into an escrow account until a determination of filiation has been made.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-04 - referred to judiciary [A02194 Detail]

Download: New_York-2011-A02194-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2194
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 14, 2011
                                      ___________
       Introduced by M. of A. WRIGHT -- read once and referred to the Committee
         on Judiciary
       AN  ACT  to  amend  the  family court act, in relation to the payment of
         child support prior to a determination of paternity
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The family court act is amended by adding a new section 529
    2  to read as follows:
    3    S  529.  PAYMENT  OF SUPPORT PRIOR TO A PATERNITY HEARING. 1. A PERSON
    4  SHALL MAKE SUPPORT PAYMENTS, IN ACCORDANCE WITH THE TERMS OF  A  SUPPORT
    5  ORDER  ENTERED  PURSUANT  TO  ARTICLE  FOUR  OF  THIS ACT OR SECTION TWO
    6  HUNDRED FORTY OF THE DOMESTIC RELATIONS  LAW,  TO  THE  COURT,  IF  SUCH
    7  PAYMENTS ARE TO OCCUR PRIOR TO THE DETERMINATION OF PATERNITY.
    8    2. THE COURT SHALL KEEP SUCH FUNDS IN AN ESCROW ACCOUNT UNTIL AN ORDER
    9  OF FILIATION HAS BEEN ENTERED.
   10    3.  IF  THE  COURT DETERMINES THAT THERE IS NOT SUFFICIENT EVIDENCE TO
   11  WARRANT THE ISSUANCE OF AN ORDER OF  FILIATION,  THEN  THE  COURT  SHALL
   12  RETURN  THE  ENTIRE  ESCROW  ACCOUNT  TO  THE  PERSON  WHO  HAD MADE THE
   13  PAYMENTS.
   14    4. UPON THE ENTERING OF AN ORDER OF FILIATION, THE COURT SHALL PAY ALL
   15  OF THE MONIES IN THE ESCROW ACCOUNT IN ACCORDANCE WITH THE TERMS OF  THE
   16  SUPPORT ORDER.
   17    5.  IN  THE  EVENT THAT THE CUSTODIAL PARENT IS RECEIVING GOVERNMENTAL
   18  ASSISTANCE, THE COURT SHALL INFORM THE LOCAL  OFFICE  OF  TEMPORARY  AND
   19  DISABILITY  ASSISTANCE  OF  THE FINDINGS OF THE COURT IN RELATION TO THE
   20  PATERNITY HEARING AND OF  THE  RESULTING  PAYMENT  OF  MONIES,  IF  ANY,
   21  RECEIVED BY SUCH CUSTODIAL PARENT.
   22    S 2. This act shall take effect on the one hundred eightieth day after
   23  it shall have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05657-01-1