Bill Text: NY A00848 | 2009-2010 | General Assembly | Introduced
Bill Title: An act to amend the family court act, in relation to requiring proof of employment search in certain support proceedings
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2010-06-03 - held for consideration in judiciary [A00848 Detail]
Download: New_York-2009-A00848-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 848 2009-2010 Regular Sessions I N A S S E M B L Y (PREFILED) January 7, 2009 ___________ Introduced by M. of A. McDONOUGH, ERRIGO -- Multi-Sponsored by -- M. of A. SAYWARD -- read once and referred to the Committee on Judiciary AN ACT to amend the family court act, in relation to requiring proof of employment search in certain support proceedings THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Section 442 of the family court act, as amended by chapter 2 281 of the laws of 1980, is amended to read as follows: 3 S 442. Order of support by a spouse. 1. If the court finds after a 4 hearing that a husband or wife is chargeable under section four hundred 5 twelve OF THIS ARTICLE with the support of his or her spouse and is 6 possessed of sufficient means or able to earn such means, the court 7 shall make an order requiring the husband or wife to pay weekly or at 8 other fixed periods a fair and reasonable sum for or towards the support 9 of the other spouse. The court shall require the spouse chargeable with 10 support to make his or her residence known at all times should he or she 11 move from the address last known to the court by reporting such change 12 to the support collection unit designated by the appropriate social 13 services district. Failure to report such change shall subject him or 14 her to the provisions of section four hundred fifty-four of this [act] 15 ARTICLE. 16 2. IF THE COURT FINDS THAT A HUSBAND OR WIFE CHARGEABLE UNDER SECTION 17 FOUR HUNDRED TWELVE OF THIS ARTICLE WITH THE SUPPORT OF HIS OR HER 18 SPOUSE AND FINDS THAT HE OR SHE DOES NOT CONTRIBUTE TOWARDS SUCH SUPPORT 19 BECAUSE OF A LACK OF EMPLOYMENT, THE COURT MAY ORDER SUCH PERSON TO 20 SUBMIT TO THE COURT, OR ANY AGENCY DESIGNATED BY THE COURT, ONCE A WEEK, 21 ON A DIFFERENT DAY AND AT A DIFFERENT TIME EACH WEEK OR AT A FREQUENCY 22 DEEMED APPROPRIATE BY THE COURT, PROOF, INCLUDING SIGNATURES OF PERSONS 23 IN CHARGE AND TELEPHONE NUMBERS, OF AT LEAST TEN DIFFERENT PLACES SUCH 24 PERSON HAS APPLIED FOR EMPLOYMENT DURING SUCH PERIOD. FAILURE BY SUCH EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01402-01-9 A. 848 2 1 PERSON TO SUBMIT SUCH REQUIRED PROOF OF AN EMPLOYMENT SEARCH SHALL BE 2 GROUNDS FOR THE COURT TO HOLD SUCH PERSON IN CONTEMPT AND IMPOSE A PRIS- 3 ON TERM THEREFOR. 4 S 2. Section 443 of the family court act, as amended by chapter 214 of 5 the laws of 1998, is amended to read as follows: 6 S 443. Order of support by parent. 1. If the court finds after a hear- 7 ing that a parent is chargeable under section four hundred thirteen of 8 this [act] ARTICLE with the support of his or her child and is possessed 9 of sufficient means or able to earn such means, the court shall make an 10 order requiring the parent to pay weekly or at other fixed periods a 11 fair and reasonable sum for or towards the support of such child. Where 12 permitted under federal law and where the record of the proceedings 13 contains such information, the court shall also require the social secu- 14 rity number of such parent to be affixed to such order; provided, howev- 15 er, that no such order shall be invalid because of the omission of such 16 number. Where the record of the proceedings contains such information, 17 such order shall also include on its face the name and address of the 18 employer, if any, of the person chargeable with support provided, howev- 19 er, that failure to comply with this requirement shall not invalidate 20 such order. Where the order of child support or combined child and 21 [spouse] SPOUSAL support is made on behalf of persons in receipt of 22 public assistance or in receipt of services pursuant to section one 23 hundred eleven-g of the social services law, the court shall require 24 each party to provide, and update upon any change, the following infor- 25 mation to the court by reporting such change to the support collection 26 unit designated by the appropriate social services district: social 27 security number, residential and mailing addresses, telephone number, 28 driver's license number; and name, address and telephone number of the 29 parties' employers. Due process requirements for notice and service of 30 process for subsequent hearings are met, with respect to such party, 31 upon sending written notice by first class mail to the most recent resi- 32 dential address on record with the support collection unit; or by send- 33 ing by first class mail written notice to the most recent employer 34 address on record with the support collection unit, if a true copy ther- 35 eof also is sent by first class mail to the most recent residential 36 address on record with the support collection unit. Any such order 37 issued on or after the first day of October, nineteen hundred ninety- 38 nine shall also include, where available, the social security number of 39 each child on whose behalf support has been ordered. Failure to report 40 such changes shall subject the parent to the provisions of section four 41 hundred fifty-four of this [act] ARTICLE. 42 2. IF THE COURT FINDS THAT A PARENT IS CHARGEABLE UNDER SECTION FOUR 43 HUNDRED THIRTEEN OF THIS ARTICLE WITH THE SUPPORT OF HIS OR HER CHILD 44 AND FINDS THAT HE OR SHE DOES NOT CONTRIBUTE TOWARDS SUCH SUPPORT 45 BECAUSE OF A LACK OF EMPLOYMENT, THE COURT MAY ORDER SUCH PERSON TO 46 SUBMIT TO THE COURT, OR ANY AGENCY DESIGNATED BY THE COURT, ONCE A WEEK, 47 ON A DIFFERENT DAY AND AT A DIFFERENT TIME EACH WEEK OR AT A FREQUENCY 48 DEEMED APPROPRIATE BY THE COURT, PROOF, INCLUDING SIGNATURES OF PERSONS 49 IN CHARGE AND TELEPHONE NUMBERS OF AT LEAST TEN DIFFERENT PLACES SUCH 50 PERSON HAS APPLIED FOR EMPLOYMENT DURING SUCH PERIOD. FAILURE BY SUCH 51 PERSON TO SUBMIT SUCH REQUIRED PROOF OF AN EMPLOYMENT SEARCH SHALL BE 52 GROUNDS FOR THE COURT TO HOLD SUCH PERSON IN CONTEMPT AND IMPOSE A PRIS- 53 ON TERM THEREFOR. 54 S 3. This act shall take effect on the sixtieth day after it shall 55 have become a law.