STATE OF NEW YORK
________________________________________________________________________
7293
2011-2012 Regular Sessions
IN ASSEMBLY
April 28, 2011
___________
Introduced by M. of A. REILLY -- 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 removing disability benefits as a source of income for
purposes of reducing a parent's child support calculations
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Clause (iii) of subparagraph 5 of paragraph (b) of subdi-
2 vision 1 of section 413 of the family court act, as amended by chapter
3 567 of the laws of 1989, is amended to read as follows:
4 (iii) to the extent not already included in gross income in clauses
5 (i) and (ii) of this subparagraph, the amount of income or compensation
6 voluntarily deferred and income received, if any, from the following
7 sources:
8 (A) workers' compensation,
9 (B) [disability benefits,
10 (C)] unemployment insurance benefits,
11 [(D)] (C) social security benefits,
12 [(E)] (D) veterans benefits,
13 [(F)] (E) pensions and retirement benefits,
14 [(G)] (F) fellowships and stipends, and
15 [(H)] (G) annuity payments;
16 § 2. Clause (iii) of subparagraph 5 of paragraph (b) of subdivision
17 1-b of section 240 of the domestic relations law, as added by chapter
18 567 of the laws of 1989, is amended to read as follows:
19 (iii) to the extent not already included in gross income in clauses
20 (i) and (ii) of this subparagraph, the amount of income or compensation
21 voluntarily deferred and income received, if any, from the following
22 sources:
23 (A) workers' compensation,
24 (B) [disability benefits,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05403-01-1
A. 7293 2
1 (C)] unemployment insurance benefits,
2 [(D)] (C) social security benefits,
3 [(E)] (D) veterans benefits,
4 [(F)] (E) pensions and retirement benefits,
5 [(G)] (F) fellowships and stipends, and
6 [(H)] (G) annuity payments;
7 § 3. This act shall take effect immediately.
