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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        4091--B
           Cal. No. 913
                              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 -- reported favorably from said committee, ordered  to  first  and
         second  report,  ordered  to  a  third  reading,  amended  and ordered
         reprinted, retaining its place in the order of third reading
       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  DECREASE OR ENFORCE an order of support,  if  the  [respondent]  SUPPORT
    5  OBLIGOR  is  unemployed,  the court may require the [respondent] SUPPORT
    6  OBLIGOR to seek employment, or to participate in job  training,  employ-
    7  ment  counseling  or  other  programs  designed  to  lead  to employment
    8  provided such programs are available. The court shall  not  require  the
    9  [respondent] SUPPORT OBLIGOR to seek employment or to participate in job
   10  training,  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.  Subdivision 2 of section 454 of the family court act is  amended
   15  by adding a new paragraph (i) to read as follows:
   16    (I) EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH (H) OF THIS SUBDIVISION,
   17  THE  COURT  MAY  REQUIRE  THE RESPONDENT TO PARTICIPATE IN JOB TRAINING,
   18  EMPLOYMENT COUNSELING OR OTHER PROGRAMS DESIGNED TO LEAD  TO  EMPLOYMENT
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09518-06-1
       S. 4091--B                          2
    1  IF  AUTHORIZED  PURSUANT  TO SECTION FOUR HUNDRED THIRTY-SEVEN-A OF THIS
    2  ARTICLE PROVIDED SUCH PROGRAMS ARE AVAILABLE.
    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.