New York S 148: Requires reduction of a parent's child support obligation by the amount of social security dependent benefits received by the child

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S00148 Summary:

BILL NOS00148 

&nbsp

SAME ASNo Same As

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SPONSORPALUMBO

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COSPNSR

&nbsp

MLTSPNSR

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Amd §413, Fam Ct Act; amd §240, Dom Rel L

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Requires reduction of a parent's child support obligation by the amount of social security dependent benefits received by the child.

Go to top S00148 Actions:

BILL NOS00148 

&nbsp

01/08/2025REFERRED TO JUDICIARY

01/07/2026REFERRED TO JUDICIARY

Go to topS00148 Committee&nbspVotes:

Go to topS00148 Floor&nbspVotes:

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

Go to topS00148 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 148

 2025-2026 Regular Sessions

 IN SENATE

 (Prefiled)

 January 8, 2025
 ___________

 Introduced by Sen. PALUMBO -- read twice and ordered printed, and when
 printed to be committed 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,
 22 (F) pensions and retirement benefits,
 23 (G) fellowships and stipends,

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00574-01-5

 S. 148 2

 1 (H) annuity payments, [and]
 2 (I) alimony or maintenance actually paid or to be paid to a spouse who
 3 is a party to the instant action pursuant to an existing court order or
 4 contained in the order to be entered by the court, or pursuant to a
 5 validly executed written agreement, in which event the order or agree-
 6 ment shall provide for a specific adjustment, in accordance with this
 7 subdivision, in the amount of child support payable upon the termination
 8 of alimony or maintenance to such spouse; provided, however, that the
 9 specific adjustment in the amount of child support is without prejudice
 10 to either party's right to seek a modification in accordance with subdi-
 11 vision three of section four hundred fifty-one of this article. In an
 12 action or proceeding to modify an order of child support, including an
 13 order incorporating without merging an agreement, issued prior to the
 14 effective date of this subclause, the provisions of this subclause shall
 15 not, by themselves, constitute a substantial change of circumstances
 16 pursuant to paragraph (a) of subdivision three of section four hundred
 17 fifty-one of this article[.], and
 18 (J) social security dependent benefits received by the child or chil-
 19 dren due to the earnings of the parent;
 20 § 3. Paragraph (c) of subdivision 1 of section 413 of the family court
 21 act is amended by adding a new subparagraph 8 to read as follows:
 22 (8) Social security benefits received by the child or children due to
 23 the earnings of a parent shall be credited as child support to the
 24 parent upon whose earning record it is based.
 25 § 4. Subparagraph 1 of paragraph (b) of s