STATE OF NEW YORK
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2832
2013-2014 Regular Sessions
IN ASSEMBLY
January 18, 2013
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Introduced by M. of A. WRIGHT -- read once and referred to the Committee
on Judiciary
AN ACT to amend the family court act, in relation to the payment of
child support prior to a determination of paternity
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 529
2 to read as follows:
3 § 529. Payment of support prior to a paternity hearing. 1. A person
4 shall make support payments, in accordance with the terms of a support
5 order entered pursuant to article four of this act or section two
6 hundred forty of the domestic relations law, to the court, if such
7 payments are to occur prior to the determination of paternity.
8 2. The court shall keep such funds in an escrow account until an order
9 of filiation has been entered.
10 3. If the court determines that there is not sufficient evidence to
11 warrant the issuance of an order of filiation, then the court shall
12 return the entire escrow account to the person who had made the
13 payments.
14 4. Upon the entering of an order of filiation, the court shall pay all
15 of the monies in the escrow account in accordance with the terms of the
16 support order.
17 5. In the event that the custodial parent is receiving governmental
18 assistance, the court shall inform the local office of temporary and
19 disability assistance of the findings of the court in relation to the
20 paternity hearing and of the resulting payment of monies, if any,
21 received by such custodial parent.
22 § 2. This act shall take effect on the one hundred eightieth day after
23 it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00647-01-3
