Bill Text: NY A07804 | 2021-2022 | General Assembly | Introduced

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Bill Title: Relates to recurring payments to the non-custodial parent in special circumstances in child support proceedings involving joint or shared custody of children.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - referred to judiciary [A07804 Detail]

Download: New_York-2021-A07804-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7804

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                      May 21, 2021
                                       ___________

        Introduced  by  M.  of  A.  LAVINE -- (at request of the Office of Court
          Administration) -- read once and referred to the Committee on  Judici-
          ary

        AN  ACT  to  amend  the  family court act and domestic relations law, in
          relation to recurring payments to the non-custodial parent in  special
          circumstances  in  child support proceedings involving joint or shared
          custody of children

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Paragraphs (h), (i), (j), (k) and (l) of subdivision 1 of
     2  section 413 of the family court act are relettered paragraphs (i),  (j),
     3  (k), (l) and (m) and a new paragraph (h) is added to read as follows:
     4    (h)  Notwithstanding the above, provided that the child is not receiv-
     5  ing temporary assistance for needy families, the court  may  direct  the
     6  custodial  parent  to  pay a recurring sum of money to the non-custodial
     7  parent where the court determines that: (1) the non-custodial parent has
     8  been awarded  extended  visitation;  (2)  the  non-custodial  parent  is
     9  required  to  pay  only the statutory minimum amount of child support to
    10  the custodial parent pursuant to paragraph (d) of this subdivision;  (3)
    11  there  is a vast disparity in the parties' income in favor of the custo-
    12  dial parent, and the non-custodial parent does not have the  ability  to
    13  earn  sufficient  income  to provide for the child's basic needs when in
    14  his or her care; (4) such payment is necessary to enable the  non-custo-
    15  dial  parent  to provide for the child's basic needs when in the care of
    16  the non-custodial parent; (5) directing the  custodial  parent  to  make
    17  such  payment would not result in insufficient funds in the household of
    18  the custodial parent to meet the basic needs of the child; or (6) to  do
    19  otherwise would not be in the child's best interests and would cause the
    20  child  to  unfairly bear the economic burden of the parental separation.
    21  Such payment shall be deemed child support for the purposes of  enforce-
    22  ment and shall be deemed income to the non-custodial parent.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10215-01-1
        A. 7804                             2

     1    §  2.  Paragraphs  (h),  (i),  (j),  (k) and (l) of subdivision 1-b of
     2  section 240 of the domestic relations law are relettered paragraphs (i),
     3  (j), (k), (l) and (m) and a new  paragraph  (h)  is  added  to  read  as
     4  follows:
     5    (h)  Notwithstanding the above, provided that the child is not receiv-
     6  ing temporary assistance for needy families, the court  may  direct  the
     7  custodial  parent  to  pay a recurring sum of money to the non-custodial
     8  parent where the court determines that: (1) the non-custodial parent has
     9  been awarded  extended  visitation;  (2)  the  non-custodial  parent  is
    10  required  to  pay  only the statutory minimum amount of child support to
    11  the custodial parent pursuant to paragraph (d) of this subdivision;  (3)
    12  there  is a vast disparity in the parties' income in favor of the custo-
    13  dial parent, and the non-custodial parent does not have the  ability  to
    14  earn  sufficient  income  to provide for the child's basic needs when in
    15  his or her care; (4) such payment is necessary to enable the  non-custo-
    16  dial  parent  to provide for the child's basic needs when in the care of
    17  the non-custodial parent; (5) directing the  custodial  parent  to  make
    18  such  payment would not result in insufficient funds in the household of
    19  the custodial parent to meet the basic needs of the child; or (6) to  do
    20  otherwise would not be in the child's best interests and would cause the
    21  child  to  unfairly bear the economic burden of the parental separation.
    22  Such payment shall be deemed child support for the purposes of  enforce-
    23  ment and shall be deemed income to the non-custodial parent.
    24    §  3.  This  act shall take effect on the ninetieth day after it shall
    25  have become a law.