STATE OF NEW YORK
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1453
2013-2014 Regular Sessions
IN SENATE(Prefiled)
January 9, 2013
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Introduced by Sens. FLANAGAN, LARKIN -- 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 enforcement and
punishment for failure to make child support payments
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The family court act is amended by adding a new section
2 458-d to read as follows:
3 § 458-d. Enforcement of arrears; additional penalty. In addition to
4 the relief granted for failure to comply with an order of support pursu-
5 ant to this article, an aggrieved party may make an application pursuant
6 to the provision of section seven hundred fifty-six of the judiciary law
7 to punish a respondent for contempt, and where the judgment or order
8 directs payment to be made in installments, or at stated intervals,
9 failure to make such payments or installment may be punished as therein
10 provided and such punishment, either by fine or commitment, shall not be
11 a bar to a subsequent proceeding to punish the respondent for a contempt
12 for failure to pay subsequent installments; provided, however if the
13 respondent has willfully accumulated child support arrears equivalent to
14 or greater than ten thousand dollars, the respondent shall be guilty of
15 a class E felony punishable in accordance with the penal law.
16 § 2. This act shall take effect on the first of November next succeed-
17 ing the date on which it shall have become a law and shall apply to any
18 judgment entered or fine or penalty imposed on any arrears accrued on or
19 after such date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05630-01-3
