STATE OF NEW YORK
________________________________________________________________________
148
2025-2026 Regular Sessions
IN SENATE
(Prefiled)
January 8, 2025
___________
Introduced by Sen. PALUMBO -- 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 Assem-
bly, do enact as follows:
1 Section 1. Subparagraph 1 of paragraph (b) of subdivision 1 of section
2 413 of the family court act, as amended by chapter 567 of the laws of
3 1989, is amended to read as follows:
4 (1) "Basic child support obligation" shall mean the sum derived by
5 adding the amounts determined by the application of subparagraphs two
6 and three of paragraph (c) of this subdivision except as increased
7 pursuant to subparagraphs four, five, six and seven of such paragraph
8 and decreased pursuant to subparagraph eight of such paragraph.
9 § 2. Clause (iii) of subparagraph 5 of paragraph (b) of subdivision 1
10 of section 413 of the family court act, as amended by chapter 567 of the
11 laws of 1989, subclauses (G) and (H) as amended and subclause (I) as
12 added by chapter 387 of the laws of 2015, is amended to read as follows:
13 (iii) to the extent not already included in gross income in clauses
14 (i) and (ii) of this subparagraph, the amount of income or compensation
15 voluntarily deferred and income received, if any, from the following
16 sources:
17 (A) workers' compensation,
18 (B) disability benefits,
19 (C) unemployment insurance benefits,
20 (D) social security benefits,
21 (E) veterans benefits,
22 (F) pensions and retirement benefits,
23 (G) fellowships and stipends,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00574-01-5
S. 148 2
1 (H) annuity payments, [and]
2 (I) alimony or maintenance actually paid or to be paid to a spouse who
3 is a party to the instant action pursuant to an existing court order or
4 contained in the order to be entered by the court, or pursuant to a
5 validly executed written agreement, in which event the order or agree-
6 ment shall provide for a specific adjustment, in accordance with this
7 subdivision, in the amount of child support payable upon the termination
8 of alimony or maintenance to such spouse; provided, however, that the
9 specific adjustment in the amount of child support is without prejudice
10 to either party's right to seek a modification in accordance with subdi-
11 vision three of section four hundred fifty-one of this article. In an
12 action or proceeding to modify an order of child support, including an
13 order incorporating without merging an agreement, issued prior to the
14 effective date of this subclause, the provisions of this subclause shall
15 not, by themselves, constitute a substantial change of circumstances
16 pursuant to paragraph (a) of subdivision three of section four hundred
17 fifty-one of this article[.], and
18 (J) social security dependent benefits received by the child or chil-
19 dren due to the earnings of the parent;
20 § 3. Paragraph (c) of subdivision 1 of section 413 of the family court
21 act is amended by adding a new subparagraph 8 to read as follows:
22 (8) Social security benefits received by the child or children due to
23 the earnings of a parent shall be credited as child support to the
24 parent upon whose earning record it is based.
25 § 4. Subparagraph 1 of paragraph (b) of subdivision 1-b of section 240
26 of the domestic relations law, as added by chapter 567 of the laws of
27 1989, is amended to read as follows:
28 (1) "Basic child support obligation" shall mean the sum derived by
29 adding the amounts determined by the application of subparagraphs two
30 and three of paragraph (c) of this subdivision except as increased
31 pursuant to subparagraphs four, five, six and seven of such paragraph
32 and decreased pursuant to subparagraph eight of such paragraph.
33 § 5. Clause (iii) of subparagraph 5 of paragraph (b) of subdivision
34 1-b of section 240 of the domestic relations law, as added by chapter
35 567 of the laws of 1989, subclauses (G) and (H) as amended and subclause
36 (I) as added by chapter 387 of the laws of 2015, is amended to read as
37 follows:
38 (iii) to the extent not already included in gross income in clauses
39 (i) and (ii) of this subparagraph, the amount of income or compensation
40 voluntarily deferred and income received, if any, from the following
41 sources:
42 (A) workers' compensation,
43 (B) disability benefits,
44 (C) unemployment insurance benefits,
45 (D) social security benefits,
46 (E) veterans benefits,
47 (F) pensions and retirement benefits,
48 (G) fellowships and stipends,
49 (H) annuity payments, [and]
50 (I) alimony or maintenance actually paid or to be paid to a spouse who
51 is a party to the instant action pursuant to an existing court order or
52 contained in the order to be entered by the court, or pursuant to a
53 validly executed written agreement, in which event the order or agree-
54 ment shall provide for a specific adjustment, in accordance with this
55 subdivision, in the amount of child support payable upon the termination
56 of alimony or maintenance to such spouse; provided, however, that the
S. 148 3
1 specific adjustment in the amount of child support is without prejudice
2 to either party's right to seek a modification in accordance with
3 subparagraph two of paragraph b of subdivision nine of part B of section
4 two hundred thirty-six of this article. In an action or proceeding to
5 modify an order of child support, including an order incorporating with-
6 out merging an agreement, issued prior to the effective date of this
7 subclause, the provisions of this subclause shall not, by themselves,
8 constitute a substantial change of circumstances pursuant to paragraph b
9 of subdivision nine of part B of section two hundred thirty-six of this
10 article[.], and
11 (J) social security dependent benefits received by the child or chil-
12 dren due to the earnings of the parent;
13 § 6. Paragraph (c) of subdivision 1-b of section 240 of the domestic
14 relations law is amended by adding a new subparagraph 8 to read as
15 follows:
16 (8) Social security benefits received by the child or children due to
17 the earnings of a parent shall be credited as child support to the
18 parent upon whose earning record it is based.
19 § 7. This act shall take effect immediately.