Bill Text: NY A07004 | 2019-2020 | General Assembly | Introduced
Bill Title: Requires reduction of a parent's child support obligation by the amount of social security dependent benefits received by the child.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-01-08 - referred to judiciary [A07004 Detail]
Download: New_York-2019-A07004-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ S. 4983 A. 7004 2019-2020 Regular Sessions SENATE - ASSEMBLY April 3, 2019 ___________ IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print- ed, and when printed to be committed to the Committee on Housing, Construction and Community Development IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once and referred 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, EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03269-01-9S. 4983 2 A. 7004 1 (E) veterans benefits, 2 (F) pensions and retirement benefits, 3 (G) fellowships and stipends, 4 (H) annuity payments, [and] 5 (I) alimony or maintenance actually paid or to be paid to a spouse who 6 is a party to the instant action pursuant to an existing court order or 7 contained in the order to be entered by the court, or pursuant to a 8 validly executed written agreement, in which event the order or agree- 9 ment shall provide for a specific adjustment, in accordance with this 10 subdivision, in the amount of child support payable upon the termination 11 of alimony or maintenance to such spouse; provided, however, that the 12 specific adjustment in the amount of child support is without prejudice 13 to either party's right to seek a modification in accordance with subdi- 14 vision three of section four hundred fifty-one of this article. In an 15 action or proceeding to modify an order of child support, including an 16 order incorporating without merging an agreement, issued prior to the 17 effective date of this subclause, the provisions of this subclause shall 18 not, by themselves, constitute a substantial change of circumstances 19 pursuant to paragraph (a) of subdivision three of section four hundred 20 fifty-one of this article[.], and 21 (J) social security dependent benefits received by the child or chil- 22 dren due to the earnings of the parent; 23 § 3. Paragraph (c) of subdivision 1 of section 413 of the family court 24 act is amended by adding a new subparagraph 8 to read as follows: 25 (8) Social security benefits received by the child or children due to 26 the earnings of a parent shall be credited as child support to the 27 parent upon whose earning record it is based. 28 § 4. Subparagraph 1 of paragraph (b) of subdivision 1-b of section 240 29 of the domestic relations law, as added by chapter 567 of the laws of 30 1989, is amended to read as follows: 31 (1) "Basic child support obligation" shall mean the sum derived by 32 adding the amounts determined by the application of subparagraphs two 33 and three of paragraph (c) of this subdivision except as increased 34 pursuant to subparagraphs four, five, six and seven of such paragraph 35 and decreased pursuant to subparagraph eight of such paragraph. 36 § 5. Clause (iii) of subparagraph 5 of paragraph (b) of subdivision 37 1-b of section 240 of the domestic relations law, as added by chapter 38 567 of the laws of 1989, subclauses (G) and (H) as amended and subclause 39 (I) as added by chapter 387 of the laws of 2015, is amended to read as 40 follows: 41 (iii) to the extent not already included in gross income in clauses 42 (i) and (ii) of this subparagraph, the amount of income or compensation 43 voluntarily deferred and income received, if any, from the following 44 sources: 45 (A) workers' compensation, 46 (B) disability benefits, 47 (C) unemployment insurance benefits, 48 (D) social security benefits, 49 (E) veterans benefits, 50 (F) pensions and retirement benefits, 51 (G) fellowships and stipends, 52 (H) annuity payments, [and] 53 (I) alimony or maintenance actually paid or to be paid to a spouse who 54 is a party to the instant action pursuant to an existing court order or 55 contained in the order to be entered by the court, or pursuant to a 56 validly executed written agreement, in which event the order or agree-S. 4983 3 A. 7004 1 ment shall provide for a specific adjustment, in accordance with this 2 subdivision, in the amount of child support payable upon the termination 3 of alimony or maintenance to such spouse; provided, however, that the 4 specific adjustment in the amount of child support is without prejudice 5 to either party's right to seek a modification in accordance with 6 subparagraph two of paragraph b of subdivision nine of part B of section 7 two hundred thirty-six of this article. In an action or proceeding to 8 modify an order of child support, including an order incorporating with- 9 out merging an agreement, issued prior to the effective date of this 10 subclause, the provisions of this subclause shall not, by themselves, 11 constitute a substantial change of circumstances pursuant to paragraph b 12 of subdivision nine of part B of section two hundred thirty-six of this 13 article[.], and 14 (J) social security dependent benefits received by the child or chil- 15 dren due to the earnings of the parent; 16 § 6. Paragraph (c) of subdivision 1-b of section 240 of the domestic 17 relations law is amended by adding a new subparagraph 8 to read as 18 follows: 19 (8) Social security benefits received by the child or children due to 20 the earnings of a parent shall be credited as child support to the 21 parent upon whose earning record it is based. 22 § 7. This act shall take effect immediately.
