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A09624 Summary:

A09624 Actions:

A09624 Floor Votes:

A09624 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9624
 
                   IN ASSEMBLY
 
                                     March 21, 2012
                                       ___________
 
        Introduced  by  M. of A. WEINSTEIN -- (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 the social services law, in
          relation to orders for child support obligors to seek employment,  and
          to  repeal paragraph (i) of subdivision 2 of section 454 of the family
          court act relating thereto
 

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Section 437-a of the family court act, as amended by chap-
     2  ter 592 of the laws of 2011, is amended to read as follows:
     3    § 437-a. Referral to work programs. In any proceeding  to  establish[,
     4  decrease]  or [enforce] modify an order of support, if the support obli-
     5  gor is unemployed, the court may require the  support  obligor  to  seek
     6  employment,  or to participate in job training, employment counseling or
     7  other programs designed to lead to employment provided such programs are
     8  available. The court shall not  require  the  support  obligor  to  seek
     9  employment  or to participate in job training, employment counseling, or

    10  other programs designed to lead to employment under this section if  the
    11  support  obligor is in receipt of supplemental security income or social
    12  security disability benefits.
    13    § 2. Paragraph (i) of subdivision 2 of section 454 of the family court
    14  act is REPEALED.
    15    § 3. Paragraph (h) of subdivision 2 of section 454 of the family court
    16  act, as added by chapter 214 of the laws of 1998, is amended to read  as
    17  follows:
    18    (h)  the court may require the respondent, if the persons for whom the
    19  respondent has failed to pay support are applicants for or recipients of
    20  public assistance, to participate in work activities as defined in title
    21  nine-B of article five of the social  services  law.  Those  respondents
    22  ordered  to participate in work activities need not be applicants for or
    23  recipients of public assistance.  If the persons for whom the respondent

    24  has failed to pay support are not applicants for or recipients of public
    25  assistance and, where the respondent is unemployed and not in receipt of
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13624-02-2
        A. 9624                             2
 
     1  supplemental security income or social security disability benefits, the
     2  court may require the respondent to seek employment or to participate in
     3  job training, employment counseling or other programs designed  to  lead
     4  to employment, provided such programs are available.
     5    §  4.  Subdivision  20 of section 111-h of the social services law, as

     6  amended by chapter 592 of the laws  of  2011,  is  amended  to  read  as
     7  follows:
     8    20.  If the [support obligor] respondent is required to participate in
     9  work programs pursuant to section four  hundred  thirty-seven-a  of  the
    10  family  court act, and the court enters an order of support on behalf of
    11  the persons in receipt of public assistance, the support collection unit
    12  shall not file a petition to increase the support obligation for  twelve
    13  months  from  the  date of entry of the order of support if the [support
    14  obligor's] respondent's income is derived  from  participation  in  such
    15  programs.
    16    § 5.  This act shall take effect immediately.