Bill Text: NY S04091 | 2011-2012 | General Assembly | Amended


Bill Title: Relates to orders for child support obligors to seek employment or participate in job training, employment counseling or other available programs designed to lead to employment.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2011-06-16 - SUBSTITUTED BY A7794A [S04091 Detail]

Download: New_York-2011-S04091-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        4091--A
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                    March 17, 2011
                                      ___________
       Introduced by Sen. SAVINO -- (at request of the Office of Court Adminis-
         tration)  --  read  twice  and ordered printed, and when printed to be
         committed to the Committee on Judiciary -- committee discharged,  bill
         amended,  ordered reprinted as amended and recommitted to said commit-
         tee
       AN ACT to amend the family court act and the  social  services  law,  in
         relation  to  orders  for child support obligors to seek employment or
         participate in job training, employment counseling or other  available
         programs designed to lead to employment
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 437-a of the family court act, as added by  chapter
    2  182 of the laws of 2010, is amended to read as follows:
    3    S  437-a.  Referral  to work programs. In any proceeding to establish,
    4  MODIFY OR ENFORCE an order of support, if the [respondent] SUPPORT OBLI-
    5  GOR is unemployed, the court may require the [respondent] SUPPORT  OBLI-
    6  GOR  to  seek  employment, or to participate in job training, employment
    7  counseling or other programs designed to  lead  to  employment  provided
    8  such  programs  are available. The court shall not require the [respond-
    9  ent] SUPPORT OBLIGOR to seek employment or to participate in job  train-
   10  ing,  employment  counseling,  or  other  programs  designed  to lead to
   11  employment under this section if the [respondent] SUPPORT OBLIGOR is  in
   12  receipt  of  supplemental  security income or social security disability
   13  benefits.
   14    S 2. Paragraph (h) of subdivision 2 of section 454 of the family court
   15  act, as added by chapter 214 of the laws of 1998, is amended to read  as
   16  follows:
   17    (h) the court may require the respondent[, if the persons for whom the
   18  respondent has failed to pay support are applicants for or recipients of
   19  public  assistance,]  to  participate  in  work activities as defined in
   20  title nine-B of article five of the social services law. Those  respond-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09518-04-1
       S. 4091--A                          2
    1  ents  ordered  to  participate in work activities need not be applicants
    2  for or recipients of public assistance.
    3    S  3.  Subdivision  20 of section 111-h of the social services law, as
    4  added by chapter 182 of the laws of 2010, is amended to read as follows:
    5    20. If the [respondent] SUPPORT OBLIGOR is required to participate  in
    6  work  programs  pursuant  to  section four hundred thirty-seven-a of the
    7  family court act, and the court enters an order of support on behalf  of
    8  the persons in receipt of public assistance, the support collection unit
    9  shall  not file a petition to increase the support obligation for twelve
   10  months from the date of entry of the order of support if  the  [respond-
   11  ent's]  SUPPORT  OBLIGOR'S  income is derived from participation in such
   12  programs.
   13    S 4. This act shall take effect on the ninetieth day  after  it  shall
   14  have become a law.
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