New York A 8385: Relates to the letting of certain contracts involving non-market economy countries

Bill Text

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A08385 Summary:

BILL NOA08385 

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SAME ASNo Same As

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SPONSORBurroughs

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COSPNSR

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MLTSPNSR

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Amd §454, Fam Ct L

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Decreases the amount of time courts can imprison an individual for the non-payment of child support to five days per each failure to obey any lawful order of support and not to exceed thirty days total; requires courts to order alternatives to imprisonment prior to imprisoning an individual for the non-payment of child support.

Go to top A08385 Actions:

BILL NOA08385 

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05/13/2025referred to judiciary

01/07/2026referred to judiciary

Go to topA08385 Committee&nbspVotes:

Go to topA08385 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA08385 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 8385

 2025-2026 Regular Sessions

 IN ASSEMBLY

 May 13, 2025
 ___________

 Introduced by M. of A. BURROUGHS -- read once and referred to the
 Committee on Judiciary

 AN ACT to amend the family court act, in relation to decreasing the
 amount of time courts can imprison an individual for the non-payment
 of child support and requiring courts to order alternatives to impri-
 sonment prior to imprisoning an individual for the non-payment of
 child support

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Subdivisions 1 and 3 of section 454 of the family court
 2 act, as amended by chapter 892 of the laws of 1986, paragraph (b) of
 3 subdivision 3 as added and paragraph (c) of subdivision 3 as relettered
 4 by chapter 699 of the laws of 1996, are amended to read as follows:
 5 1. (a) If a respondent is brought before the court for failure to obey
 6 any lawful order of support and if, after hearing, the court is satis-
 7 fied by competent proof that the respondent has failed to obey any such
 8 order, the court may use any or all of the powers conferred upon it by
 9 this part. The court has the power to use any or all enforcement powers
 10 in every proceeding brought for violation of a court order under this
 11 part regardless of the relief requested in the petition.
 12 (b) In determining whether a respondent has willfully failed to obey
 13 any lawful order of support for the purposes of subdivision three of
 14 this section, the court shall not make such a determination unless such
 15 willfullness is proven beyond a reasonable doubt during the hearing
 16 required pursuant to paragraph (a) of this subdivision.
 17 3. Upon a finding by the court that a respondent has willfully failed
 18 to obey any lawful order of support, the court shall order respondent to
 19 pay counsel fees to the attorney representing petitioner pursuant to
 20 section four hundred thirty-eight of this act and may in addition to or
 21 in lieu of any or all of the powers conferred in subdivision two of this
 22 section or any other section of law:

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD11292-03-5

 A. 8385 2

 1 (a) commit the respondent to jail for a term not to exceed [six
 2 months] five days for each failure to obey any lawful order of support.
 3 The respondent shall not be committed for a period exceeding thirty
 4 days. [For purposes of this subdivision, failure to pay support, as
 5 ordered, shall constitute prima facie evidence of a willful violation.]
 6 Such commitment may be served upon certain specified days or parts of
 7 days as the court may direct, and the court may, at any time within the
 8 term of such sentence, revoke such suspension and commit the respondent
 9 for the remainder of the original sentence, or suspend the remainder of
 10 such sentence. Such commitment does not prevent the court from subse-
 11 quently committing the respondent for failure thereafter to comply with
 12 any such order. The court shall not commit a respondent to jail before
 13 considering and ordering other alternatives, including but not limited
 14 to requiring the respondent to participate in a rehabilitative program
 15 pursuant to paragraph (b) of this subdivision; or
 16 (b) require the respondent to participate in a rehabilitative program
 17 if the court determines that such participation would assist