Relates to orders for child support obligors to seek employment or participate in job training, employment counseling or other available programs designed to lead to employment.
STATE OF NEW YORK
________________________________________________________________________
4091--B
Cal. No. 913
2011-2012 Regular Sessions
IN SENATE
March 17, 2011
___________
Introduced by Sen. SAVINO -- (at request of the Office of Court Adminis-
tration) -- read twice and ordered printed, and when printed to be
committed to the Committee on Judiciary -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee -- reported favorably from said committee, ordered to first and
second report, ordered to a third reading, amended and ordered
reprinted, retaining its place in the order of third reading
AN ACT to amend the family court act and the social services law, in
relation to orders for child support obligors to seek employment or
participate in job training, employment counseling or other available
programs designed to lead to employment
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 added by chapter
2 182 of the laws of 2010, is amended to read as follows:
3 § 437-a. Referral to work programs. In any proceeding to establish,
4 decrease or enforce an order of support, if the [respondent] support
5 obligor is unemployed, the court may require the [respondent] support
6 obligor to seek employment, or to participate in job training, employ-
7 ment counseling or other programs designed to lead to employment
8 provided such programs are available. The court shall not require the
9 [respondent] support obligor to seek employment or to participate in job
10 training, employment counseling, or other programs designed to lead to
11 employment under this section if the [respondent] support obligor is in
12 receipt of supplemental security income or social security disability
13 benefits.
14 § 2. Subdivision 2 of section 454 of the family court act is amended
15 by adding a new paragraph (i) to read as follows:
16 (i) except as otherwise provided in paragraph (h) of this subdivision,
17 the court may require the respondent to participate in job training,
18 employment counseling or other programs designed to lead to employment
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09518-06-1
S. 4091--B 2
1 if authorized pursuant to section four hundred thirty-seven-a of this
2 article provided such programs are available.
3 § 3. Subdivision 20 of section 111-h of the social services law, as
4 added by chapter 182 of the laws of 2010, is amended to read as follows:
5 20. If the [respondent] support obligor is required to participate in
6 work programs pursuant to section four hundred thirty-seven-a of the
7 family court act, and the court enters an order of support on behalf of
8 the persons in receipt of public assistance, the support collection unit
9 shall not file a petition to increase the support obligation for twelve
10 months from the date of entry of the order of support if the [respond-
11 ent's] support obligor's income is derived from participation in such
12 programs.
13 § 4. This act shall take effect on the ninetieth day after it shall
14 have become a law.
