Bill Text: NY S07535 | 2013-2014 | General Assembly | Introduced

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Bill Title: Relates to applications to modify orders of child support in the family court.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-06-12 - SUBSTITUTED BY A9464 [S07535 Detail]

Download: New_York-2013-S07535-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7535
                                   I N  S E N A T E
                                     May 15, 2014
                                      ___________
       Introduced  by Sen. BONACIC -- (at request of the Office of Court Admin-
         istration) -- read twice and ordered printed, and when printed  to  be
         committed to the Committee on Judiciary
       AN  ACT  to  amend  the family court act, in relation to applications to
         modify orders of child support in the family court
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Section 451 of the family court act, as amended by chapter
    2  182 of the laws of 2010, is amended to read as follows:
    3    S 451. Continuing jurisdiction.  1.  Except  as  provided  in  article
    4  five-B  of  this  act,  the  court  has continuing jurisdiction over any
    5  support proceeding brought under this  article  until  its  judgment  is
    6  completely  satisfied  and  may  modify,  set  aside or vacate any order
    7  issued in the course of the  proceeding,  provided,  however,  that  the
    8  modification,  set  aside  or  vacatur  shall  not reduce or annul child
    9  support arrears accrued prior to the making of an  application  pursuant
   10  to  this  section. The court shall not reduce or annul any other arrears
   11  unless the defaulting party shows good cause for failure to make  appli-
   12  cation  for relief from the judgment or order directing payment prior to
   13  the accrual of the arrears, in which case the  facts  and  circumstances
   14  constituting  such good cause shall be set forth in a written memorandum
   15  of decision. A modification may increase support payments nunc pro  tunc
   16  as  of  the  date  of the initial application for support based on newly
   17  discovered evidence. Any retroactive amount of support due shall be paid
   18  and be enforceable as provided in section four  hundred  forty  of  this
   19  article.  Upon  an application to [modify,] set aside or vacate an order
   20  of support, no hearing shall be required unless such  application  shall
   21  be  supported  by affidavit and other evidentiary material sufficient to
   22  establish a prima facie case for the relief requested.
   23    2. A PROCEEDING TO MODIFY AN ORDER OF SUPPORT SHALL  BE  COMMENCED  BY
   24  THE FILING OF A PETITION WHICH SHALL ALLEGE FACTS SUFFICIENT TO MEET ONE
   25  OR MORE OF THE GROUNDS ENUMERATED IN SUBDIVISION THREE OF THIS SECTION.
   26    3.  (a)  The  court may modify an order of child support, including an
   27  order incorporating without merging an agreement or stipulation  of  the
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13719-02-4
       S. 7535                             2
    1  parties,  upon  a  showing  of  a  substantial  change in circumstances.
    2  Incarceration shall not be a bar to  finding  a  substantial  change  in
    3  circumstances  provided such incarceration is not the result of non-pay-
    4  ment  of  a  child  support  order,  or an offense against the custodial
    5  parent or child who is the subject of the order or judgment.
    6    (b) In addition, unless the parties have specifically opted out of the
    7  following provisions in a  validly  executed  agreement  or  stipulation
    8  entered into between the parties, the court may modify an order of child
    9  support where:
   10    (i) three years have passed since the order was entered, last modified
   11  or adjusted; or
   12    (ii) there has been a change in either party's gross income by fifteen
   13  percent or more since the order was entered, last modified, or adjusted.
   14  A  reduction in income shall not be considered as a ground for modifica-
   15  tion unless it was involuntary and the party has made diligent  attempts
   16  to  secure  employment  commensurate with his or her education, ability,
   17  and experience.
   18    S 2. This act shall take effect on the ninetieth day  after  it  shall
   19  have become a law.