Bill Text: NY A04027 | 2011-2012 | General Assembly | Introduced
Bill Title: Provides for a one-time 6 month stay of the enforcement of a child support order, when the payor is involuntarily terminated from employment; provides payor must petition the family court for such a stay within 30 days of the termination of employment; requires payment of affordable child support during the period of the stay and that child support obligations will resume after end of stay; requires payor to participate in job training and placement programs.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Introduced - Dead) 2012-01-04 - referred to judiciary [A04027 Detail]
Download: New_York-2011-A04027-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
4027
2011-2012 Regular Sessions
I N A S S E M B L Y
February 1, 2011
___________
Introduced by M. of A. CAMARA, ROBINSON, REILLY, WRIGHT, COOK, MAISEL,
PRETLOW -- read once and referred to the Committee on Judiciary
AN ACT to amend the general obligations law, the family court act, the
domestic relations law and the social services law, in relation to
granting a person with child support obligations, who involuntarily
had his or her employment terminated, with a temporary stay of crimi-
nal, civil and administrative penalties for nonpayment of such obli-
gations
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The opening paragraph of subdivision 3 of section 3-503 of
2 the general obligations law, as amended by chapter 398 of the laws of
3 1997, is amended to read as follows:
4 If the applicant is not under an obligation to pay child support, the
5 agency may issue or renew such license. If the applicant is under an
6 obligation to pay child support and is not four months or more in
7 arrears in the payment of child support, or meets the conditions of
8 paragraphs b, c and d of this subdivision, the agency may issue or renew
9 such license. [If] EXCEPT AS OTHERWISE PROVIDED IN SECTION FOUR HUNDRED
10 FIFTY OF THE FAMILY COURT ACT, IF the applicant does not meet one of the
11 above requirements, the agency may issue or renew such license but such
12 license shall expire in six months unless before that time the applicant
13 submits a written certification under oath, duly sworn and subscribed
14 that he or she:
15 S 2. Part 5 of article 4 of the family court act is amended by adding
16 a new section 450 to read as follows:
17 S 450. TEMPORARY STAY OF AN ORDER OF SUPPORT; INVOLUNTARY LOSS OF
18 EMPLOYMENT. 1. ANY PERSON UNDER AN OBLIGATION TO PAY CHILD SUPPORT, WHO
19 INVOLUNTARILY HAS HIS OR HER EMPLOYMENT TERMINATED, MAY, WITHIN THIRTY
20 DAYS OF SUCH INVOLUNTARY TERMINATION OF EMPLOYMENT, PETITION THE COURT
21 FOR A STAY OF THE ENFORCEMENT OF THE OBLIGATION TO PAY CHILD SUPPORT AND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04257-01-1
A. 4027 2
1 THE ENFORCEMENT OF ANY AND ALL CIVIL, CRIMINAL AND ADMINISTRATIVE PENAL-
2 TIES FOR THE FAILURE TO PAY CHILD SUPPORT FOR A PERIOD OF SIX MONTHS.
3 THE COURT SHALL GRANT SUCH A PETITION TO ANY PERSON ONLY ONCE AND FOR
4 GOOD CAUSE SHOWN. ANY PETITIONER WHO FAILS TO SUBMIT HIS OR HER PETITION
5 IN A TIMELY MANNER SHALL FORFEIT HIS OR HER RIGHT TO APPLY THEREFOR
6 PURSUANT TO THIS SECTION.
7 2. UPON THE GRANTING OF A TEMPORARY STAY PURSUANT TO THIS SECTION AND
8 DURING THE DURATION OF SUCH STAY:
9 (A) ANY CRIMINAL PROCEEDING COMMENCED PURSUANT TO SECTION 260.05 OR
10 260.06 OF THE PENAL LAW SHALL BE DISMISSED;
11 (B) NO LICENSE SHALL BE DENIED PURSUANT TO SECTION 3-503 OF THE GENER-
12 AL OBLIGATIONS LAW;
13 (C) THE OBLIGATION TO PAY CHILD SUPPORT PURSUANT TO A PREEXISTING
14 COURT ORDER SHALL BE STAYED, AND NO INTEREST OR PENALTY FOR FAILURE TO
15 PAY SUCH SUPPORT SHALL ACCRUE. HOWEVER, UPON EXPIRATION OF A STAY GRANT-
16 ED PURSUANT TO THIS SECTION, THE CHILD SUPPORT NOT PAID DURING THE STAY
17 SHALL BECOME DUE;
18 (D) THE COURT SHALL DETERMINE AND ORDER THE PETITIONER TO PAY AN
19 AMOUNT OF CHILD SUPPORT AS THE COURT FINDS THAT IS JUST AND APPROPRIATE,
20 AND THAT THE PETITIONER CAN REASONABLY AFFORD TO PAY;
21 (E) THE COURT SHALL ORDER THE PETITIONER TO PARTICIPATE IN AND
22 SUCCESSFULLY COMPLETE APPROPRIATE JOB TRAINING AND PLACEMENT PROGRAMS;
23 AND
24 (F) THE COURT SHALL PROVIDE NOTICE OF SUCH STAY TO ALL INTERESTED
25 PARTIES, INCLUDING THE DISTRICT ATTORNEY AND THE CHILD SUPPORT ENFORCE-
26 MENT UNIT.
27 S 3. Paragraph (b) of subdivision 4 of section 440 of the family court
28 act, as added by chapter 182 of the laws of 2010, is amended to read as
29 follows:
30 (b) informing the parties of their right to seek a modification of the
31 child support order upon a showing of:
32 (i) a substantial change in circumstances; or
33 (ii) that three years have passed since the order was entered, last
34 modified or adjusted; or
35 (iii) there has been a change in either party's gross income by
36 fifteen percent or more since the order was entered, last modified, or
37 adjusted;
38 however, if the parties have specifically opted out of subparagraph (ii)
39 or (iii) of this paragraph in a validly executed agreement or stipu-
40 lation, then that basis to seek modification does not apply[.], AND
41 (C) INFORMING THE RESPONDENT THAT HE OR SHE MAY, UPON THE INVOLUNTARY
42 TERMINATION OF HIS OR HER EMPLOYMENT, ON A ONE-TIME BASIS, APPLY FOR A
43 SIX MONTH STAY OF THE ENFORCEMENT OF THE ORDER PURSUANT TO SECTION FOUR
44 HUNDRED FIFTY OF THIS ARTICLE.
45 S 4. Subdivision 7 of part B of section 236 of the domestic relations
46 law is amended by adding a new paragraph e to read as follows:
47 E. ANY CHILD SUPPORT ORDER MADE BY THE COURT IN ANY PROCEEDING UNDER
48 THE PROVISIONS OF THIS SECTION SHALL INCLUDE, ON ITS FACE, A NOTICE
49 PRINTED OR TYPEWRITTEN IN A SIZE EQUAL TO AT LEAST EIGHT POINT BOLD TYPE
50 INFORMING THE RESPONDENT THAT HE OR SHE MAY, UPON THE INVOLUNTARY TERMI-
51 NATION OF HIS OR HER EMPLOYMENT, ON A ONE-TIME BASIS, APPLY FOR A SIX
52 MONTH STAY OF THE ENFORCEMENT OF THE ORDER PURSUANT TO SECTION FOUR
53 HUNDRED FIFTY OF THE FAMILY COURT ACT.
54 S 5. The social services law is amended by adding a new section 101-b
55 to read as follows:
A. 4027 3
1 S 101-B. PUBLIC EDUCATION; TEMPORARY STAY OF AN ORDER OF SUPPORT. THE
2 COMMISSIONER OF TEMPORARY AND DISABILITY ASSISTANCE SHALL DEVELOP AND
3 IMPLEMENT A PUBLIC EDUCATION PROGRAM TO PROVIDE NOTICE OF THE PROVISIONS
4 OF SECTION FOUR HUNDRED FIFTY OF THE FAMILY COURT ACT RELATING TO THE
5 GRANTING OF A TEMPORARY STAY OF THE OBLIGATION TO PAY CHILD SUPPORT UPON
6 THE INVOLUNTARY TERMINATION OF EMPLOYMENT.
7 S 6. This act shall take effect on the first of January next succeed-
8 ing the date on which it shall have become a law; provided, that, effec-
9 tive immediately, any rules and regulations necessary to implement the
10 provisions of this act on its effective date are authorized and directed
11 to be completed on or before such date.
