BILL NUMBER: S148
SPONSOR: PALUMBO
 
TITLE OF BILL:
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
 
PURPOSE::
Requires a reduction of a parent's child support obligation by the
amount of social security dependent benefits received by the child.
 
SUMMARY OF PROVISIONS::
Section 1. Subparagraph of paragraph (b) of subdivision 1 of section 413
of the family court act, as amended by chapter 567 of the laws of 1989,
is amended.
Section 2. Clause (iii) of subparagraph 5 of paragraph (b) of subdivi-
sion 1 of section 413 of the family court act, as amended by chapter 567
of the laws of 1989, sub clauses (g) and (h) as amended and sub clause
(i) as added by chapter 387 of the laws of 2015, is amended;
Section 3. Paragraph (c) of subdivision 1 of section 413 of the family
court act is amended by adding a new paragraph 8;
Section 4, Subparagraph 1 of paragraph (b) of subdivision 1-b of section
240 of the domestic relations law, as added by chapter 567 of the laws
of 1989, is amended;
Section 5. Clause (iii) of subparagraph 5 of paragraph (b) of subdivi-
sion 1-b of section 240 of the domestic relations law, as added by chap-
ter 567 of the laws, of 1989, sub clauses (g) and (h) as amended and sub
clause (i) as added by chapter 387 of the laws of 2015 is amended;
Section 6. Paragraph (c) of subdivision 1-b of section 240 of the domes-
tic relations law is amended by adding a new subparagraph 8
Section 7. Effective date.
 
JUSTIFICATION::
There are many instances in New York State where a non-custodial parent
is paying child support, mandated by a court order, and Social
Security Benefit payments are not counted against the support. Some
states have created laws where the Social Security Benefit counts dollar
for dollar against a non-custodial parent's obligation to support his or
her child. This bill would not grant an automatic child support payment
reduction by the non-custodial parent where Social Security Benefits are
received. The non-custodial parent would have to seek the reduction
through the mandated court order where child support payment amounts are
specifically spelled out. This can happen at the initial child support
agreement or relief can be sought if benefits are received after the
date of the agreement.
 
LEGISLATIVE HISTORY::
2024 S.2154; 2022 S.5165/A.5813; 2020 S.4983/A.7004; 2017-18
S.4017/A.8716; 2015-16 S.796/A.655; 2013-14 S.2005/A.1888; 2011-12
S.4547/A.7070; 2010 A.9210
 
FISCAL IMPLICATIONS::
None to the State.
 
EFFECTIVE DATE::
Immediately.

Statutes affected:
S148: 240 domestic relations law, 240(1-b) domestic relations law