STATE OF NEW YORK
________________________________________________________________________
S. 4983 A. 7004
2019-2020 Regular Sessions
SENATE - ASSEMBLY
April 3, 2019
___________
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 § 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, subclauses (G) and (H) as amended and subclause (I) as
12 added by chapter 387 of the laws of 2015, is amended to read as follows:
13 (iii) to the extent not already included in gross income in clauses
14 (i) and (ii) of this subparagraph, the amount of income or compensation
15 voluntarily deferred and income received, if any, from the following
16 sources:
17 (A) workers' compensation,
18 (B) disability benefits,
19 (C) unemployment insurance benefits,
20 (D) social security benefits,
21 (E) veterans benefits,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
SA LBD03269-01-9
S. 4983 2 A. 7004
1 (F) pensions and retirement benefits,
2 (G) fellowships and stipends,
3 (H) annuity payments, [and]
4 (I) alimony or maintenance actually paid or to be paid to a spouse who
5 is a party to the instant action pursuant to an existing court order or
6 contained in the order to be entered by the court, or pursuant to a
7 validly executed written agreement, in which event the order or agree-
8 ment shall provide for a specific adjustment, in accordance with this
9 subdivision, in the amount of child support payable upon the termination
10 of alimony or maintenance to such spouse; provided, however, that the
11 specific adjustment in the amount of child support is without prejudice
12 to either party's right to seek a modification in accordance with subdi-
13 vision three of section four hundred fifty-one of this article. In an
14 action or proceeding to modify an order of child support, including an
15 order incorporating without merging an agreement, issued prior to the
16 effective date of this subclause, the provisions of this subclause shall
17 not, by themselves, constitute a substantial change of circumstances
18 pursuant to paragraph (a) of subdivision three of section four hundred
19 fifty-one of this article[.], and
20 (J) social security dependent benefits received by the child or chil-
21 dren due to the earnings of the parent;
22 § 3. Paragraph (c) of subdivision 1 of section 413 of the family court
23 act is amended by adding a new subparagraph 8 to read as follows:
24 (8) Social security benefits received by the child or children due to
25 the earnings of a parent shall be credited as child support to the
26 parent upon whose earning record it is based.
27 § 4. Subparagraph 1 of paragraph (b) of subdivision 1-b of section 240
28 of the domestic relations law, as added by chapter 567 of the laws of
29 1989, is amended to read as follows:
30 (1) "Basic child support obligation" shall mean the sum derived by
31 adding the amounts determined by the application of subparagraphs two
32 and three of paragraph (c) of this subdivision except as increased
33 pursuant to subparagraphs four, five, six and seven of such paragraph
34 and decreased pursuant to subparagraph eight of such paragraph.
35 § 5. Clause (iii) of subparagraph 5 of paragraph (b) of subdivision
36 1-b of section 240 of the domestic relations law, as added by chapter
37 567 of the laws of 1989, subclauses (G) and (H) as amended and subclause
38 (I) as added by chapter 387 of the laws of 2015, is amended to read as
39 follows:
40 (iii) to the extent not already included in gross income in clauses
41 (i) and (ii) of this subparagraph, the amount of income or compensation
42 voluntarily deferred and income received, if any, from the following
43 sources:
44 (A) workers' compensation,
45 (B) disability benefits,
46 (C) unemployment insurance benefits,
47 (D) social security benefits,
48 (E) veterans benefits,
49 (F) pensions and retirement benefits,
50 (G) fellowships and stipends,
51 (H) annuity payments, [and]
52 (I) alimony or maintenance actually paid or to be paid to a spouse who
53 is a party to the instant action pursuant to an existing court order or
54 contained in the order to be entered by the court, or pursuant to a
55 validly executed written agreement, in which event the order or agree-
56 ment shall provide for a specific adjustment, in accordance with this
S. 4983 3 A. 7004
1 subdivision, in the amount of child support payable upon the termination
2 of alimony or maintenance to such spouse; provided, however, that the
3 specific adjustment in the amount of child support is without prejudice
4 to either party's right to seek a modification in accordance with
5 subparagraph two of paragraph b of subdivision nine of part B of section
6 two hundred thirty-six of this article. In an action or proceeding to
7 modify an order of child support, including an order incorporating with-
8 out merging an agreement, issued prior to the effective date of this
9 subclause, the provisions of this subclause shall not, by themselves,
10 constitute a substantial change of circumstances pursuant to paragraph b
11 of subdivision nine of part B of section two hundred thirty-six of this
12 article[.], and
13 (J) social security dependent benefits received by the child or chil-
14 dren due to the earnings of the parent;
15 § 6. Paragraph (c) of subdivision 1-b of section 240 of the domestic
16 relations law is amended by adding a new subparagraph 8 to read as
17 follows:
18 (8) Social security benefits received by the child or children due to
19 the earnings of a parent shall be credited as child support to the
20 parent upon whose earning record it is based.
21 § 7. This act shall take effect immediately.
