A01888 Summary:

BILL NO    A01888 

SAME AS    SAME AS UNI. S02005

SPONSOR    Thiele

COSPNSR    Russell, McDonald

MLTSPNSR   

Amd S413, Fam Ct Act; amd S240, Dom Rel L

Requires reduction of a parent's child support obligation by the amount of
social security dependent benefits received by the child.
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A01888 Actions:

BILL NO    A01888 

01/09/2013 referred to judiciary
01/08/2014 referred to judiciary
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A01888 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

           S. 2005                                                  A. 1888

                              2013-2014 Regular Sessions

                             S E N A T E - A S S E M B L Y

                                      (PREFILED)

                                    January 9, 2013
                                      ___________

       IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
         ed, and when printed to be committed to the Committee on Judiciary

       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    S  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, is amended to read as follows:
   12    (iii) to the extent not already included in gross  income  in  clauses
   13  (i)  and (ii) of this subparagraph, the amount of income or compensation
   14  voluntarily deferred and income received, if  any,  from  the  following
   15  sources:
   16    (A) workers' compensation,
   17    (B) disability benefits,
   18    (C) unemployment insurance benefits,
   19    (D) social security benefits,
   20    (E) veterans benefits,

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06162-01-3
       S. 2005                             2                            A. 1888

    1    (F) pensions and retirement benefits,
    2    (G) fellowships and stipends, [and]
    3    (H) annuity payments[;], AND
    4    (I)  SOCIAL SECURITY DEPENDENT BENEFITS RECEIVED BY THE CHILD OR CHIL-
    5  DREN DUE TO THE EARNINGS OF THE PARENT;
    6    S 3. Paragraph (c) of subdivision 1 of section 413 of the family court
    7  act is amended by adding a new subparagraph 8 to read as follows:
    8    (8) SOCIAL SECURITY BENEFITS RECEIVED BY THE CHILD OR CHILDREN DUE  TO
    9  THE  EARNINGS  OF  A  PARENT  SHALL  BE CREDITED AS CHILD SUPPORT TO THE
   10  PARENT UPON WHOSE EARNING RECORD IT IS BASED.
   11    S 4. Subparagraph 1 of paragraph (b) of subdivision 1-b of section 240
   12  of the domestic relations law, as added by chapter 567 of  the  laws  of
   13  1989, is amended to read as follows:
   14    (1)  "Basic  child  support  obligation" shall mean the sum derived by
   15  adding the amounts determined by the application  of  subparagraphs  two
   16  and  three  of  paragraph  (c)  of  this subdivision except as increased
   17  pursuant to subparagraphs four, five, six and seven  of  such  paragraph
   18  AND DECREASED PURSUANT TO SUBPARAGRAPH EIGHT OF SUCH PARAGRAPH.
   19    S  5.  Clause  (iii) of subparagraph 5 of paragraph (b) of subdivision
   20  1-b of section 240 of the domestic relations law, as  added  by  chapter
   21  567 of the laws of 1989, is amended to read as follows:
   22    (iii)  to  the  extent not already included in gross income in clauses
   23  (i) and (ii) of this subparagraph, the amount of income or  compensation
   24  voluntarily  deferred  and  income  received, if any, from the following
   25  sources:
   26    (A) workers' compensation,
   27    (B) disability benefits,
   28    (C) unemployment insurance benefits,
   29    (D) social security benefits,
   30    (E) veterans benefits,
   31    (F) pensions and retirement benefits,
   32    (G) fellowships and stipends, [and]
   33    (H) annuity payments[;], AND
   34    (I) SOCIAL SECURITY DEPENDENT BENEFITS RECEIVED BY THE CHILD OR  CHIL-
   35  DREN DUE TO THE EARNINGS OF THE PARENT;
   36    S  6.  Paragraph (c) of subdivision 1-b of section 240 of the domestic
   37  relations law is amended by adding a  new  subparagraph  8  to  read  as
   38  follows:
   39    (8)  SOCIAL SECURITY BENEFITS RECEIVED BY THE CHILD OR CHILDREN DUE TO
   40  THE EARNINGS OF A PARENT SHALL BE  CREDITED  AS  CHILD  SUPPORT  TO  THE
   41  PARENT UPON WHOSE EARNING RECORD IT IS BASED.
   42    S 7. This act shall take effect immediately.
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