BILL NUMBER: S8431
SPONSOR: WEBB
TITLE OF BILL:
An act to amend the domestic relations law, the social services law and
the family court act, in relation to the calculation of child support;
and to repeal certain provisions of the domestic relations law and the
family court act relating thereto
PURPOSE:
To reform the calculation methodology for child support obligations in
New York State by removing references to combined parental income and
redefining child support obligations based solely on the noncustodial
parent's income, while adjusting related standards and definitions
accordingly.
SUMMARY OF PROVISIONS:
Section 1-8: Amends multiple provisions in the Domestic Relations Law
and Social Services Law to: - Base health insurance costs and support
obligations on the noncustodial parent's income.
Reduce the age threshold for child support eligibility from 21 to 18.
-Remove the requirement to prorate obligations by combined income.
-Introduce new allowable deductions (e.g., state and federal taxes,
health insurance).
-Provide updated guidelines on the cap for non-custodial income and
associated calculations. Sections 9-14: Makes parallel amendments in the
Family Court Act to ensure consistency across statutes.
Section 15: Establishes that the effective date. JUSTIFICATION: This
bill aims to simplify and clarify New York's child support laws by
focusing obligations on the income of the non-custodial parent, stream-
lining calculations, and aligning obligations with economic realities.
It eliminates outdated or inequitable proration rules and ensures more
reasonable and just determinations of financial responsibility, while
maintaining flexibility for the courts to adjust awards based on indi-
vidual circumstances.
LEGISLATIVE HISTORY:
New Bill
FISCAL IMPLICATIONS:
To be determined
LOCAL FISCAL IMPLICATIONS:
To be determined
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
becomes law. Provisions for rulemaking shall take effect immediately.
Statutes affected: S8431: 240 domestic relations law, 240(1) domestic relations law, 240(1-b) domestic relations law