New York A 3378: Relates to the duty of a vehicular assailant to support a surviving child

Bill Text

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A03378 Summary:

BILL NOA03378 

&nbsp

SAME ASSAME AS S01705

&nbsp

SPONSOREachus

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Add §419, amd §413-a, Fam Ct Act; amd §111-n, Soc Serv L

&nbsp

Imposes a duty on a vehicular assailant to support a surviving child of a parent or guardian killed by such person; defines income; provides for a determination of support.

Go to top A03378 Actions:

BILL NOA03378 

&nbsp

01/27/2025referred to judiciary

01/07/2026referred to judiciary

Go to topA03378 Committee&nbspVotes:

Go to topA03378 Floor&nbspVotes:

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

Go to topA03378 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3378

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 27, 2025
 ___________

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

 AN ACT to amend the family court act and the social services law, in
 relation to a vehicular assailant's duty to support a surviving child

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

 1 Section 1. The family court act is amended by adding a new section 419
 2 to read as follows:
 3 § 419. Vehicular assailant's duty to support a surviving child. 1.
 4 For purposes of this section, the following definitions shall apply:
 5 (a) "Child support" shall mean a sum to be paid pursuant to court
 6 order or decree by a vehicular assailant for the care, maintenance and
 7 education of any unemancipated surviving child.
 8 (b) "Deceased parent or guardian" shall mean a custodial parent, legal
 9 guardian, or other person who prior to their death had legal custody of
 10 a surviving child or any other person with whom a surviving child lived
 11 who had assumed responsibility for the day-to-day care and custody of
 12 the child and whose death was caused by a vehicular assailant.
 13 (c) "Income" shall mean, but shall not be limited to, the sum of the
 14 amounts determined by the application of subparagraphs (i), (ii), (iii),
 15 (iv) and (v) of this paragraph reduced by the amount determined by the
 16 application of subparagraph (vi) of this paragraph:
 17 (i) gross income as should have been reported or should be reported in
 18 the most recent federal income tax return. If an individual files a
 19 federal income tax return as a married person filing jointly, such
 20 person shall be required to prepare a form, sworn to under penalty of
 21 law, disclosing such person's gross income individually;
 22 (ii) to the extent not already included in gross income in subpara-
 23 graph (i) of this paragraph, investment income reduced by sums expended
 24 in connection with such investment;

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05204-01-5

 A. 3378 2

 1 (iii) to the extent not already included in gross income in subpara-
 2 graphs (i) and (ii) of this paragraph, the amount of income or compen-
 3 sation voluntarily deferred and income received, if any, from the
 4 following sources:
 5 (A) workers' compensation,
 6 (B) disability benefits,
 7 (C) unemployment insurance benefits,
 8 (D) social security benefits,
 9 (E) veterans benefits,
 10 (F) pensions and retirement benefits,
 11 (G) fellowships and stipends, and
 12 (H) annuity payments;
 13 (iv) at the discretion of the court, the court may attribute or impute
 14 income from such other resources as may be available to the vehicular
 15 assailant, including, but not limited to:
 16 (A) non-income producing assets,
 17 (B) meals, lodging, memberships, automobiles, or other perquisites
 18 that are provided as part of compensation for employment to the extent
 19 that such perquisites constitute expenditures for personal use, or which
 20 expenditures directly or indirectly confer personal economic benefits,
 21 (C) fringe benefits provided as part of compensation for employment,
 22 (D) money, goods, or services provided by relatives and friends, and
 23 (E) an amount imputed as income based upon the vehicular assailant's
 24 former resources or income, if the court determines that an assailant
 25 has reduced resources or income in order to reduce or avoid the
 26 assailant's obligation for child