New York A 4031: Relates to enforcement of orders of child support against inmates

Bill Text

STATE OF NEW YORK
________________________________________________________________________
4031
2017-2018 Regular Sessions
IN ASSEMBLY
January 31, 2017
___________
Introduced by M. of A. WEPRIN, O'DONNELL, AUBRY -- read once and
referred to the Committee on Correction
AN ACT to amend the correction law, the criminal procedure law and the
domestic relations law, in relation to child support obligations of
inmates; and to amend section 13 of chapter 182 of the laws of 2010
amending the tax law, the family court act, the domestic relations law
and the social services law relating to the modification of child
support orders, employer reporting of new hires and quarterly earn-
ings, work programs and the noncustodial earned income tax credit, in
relation to the effectiveness of certain provisions thereof
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. The correction law is amended by adding a new section 149-a
2 to read as follows:
3 § 149-a. Notification to inmates of their ability to seek modifica-
4 tions of an order of child support. Notwithstanding any provision of law
5 to the contrary, the department shall notify all inmates residing in a
6 correctional facility within the state of New York of the possibility
7 that they may be able to modify an existing child support order based on
8 a "substantial change in circumstances" in accordance with section two
9 hundred thirty-six of the domestic relations law and section four
10 hundred fifty-one of the family court act.
11 § 2. Subdivision 1 of section 390.30 of the criminal procedure law is
12 amended to read as follows:
13 1. The investigation. The pre-sentence investigation consists of the
14 gathering of information with respect to the circumstances attending the
15 commission of the offense, the defendant's history of delinquency or
16 criminality, and the defendant's social history, employment history,
17 family situation, economic status ,, including child support obligations
18 education, and personal habits. Such investigation may also include any
19 other matter which the agency conducting the investigation deems rele-
EXPLANATION--Matter in (underscored) is new; matter in bracketsitalics
[ ] is old law to be omitted.
LBD04930-01-7

A. 4031 2
1 vant to the question of sentence, and must include any matter the court
2 directs to be included.
3 § 3. Subdivision 9 of part B of section 236 of the domestic relations
4 law is amended by adding a new paragraph e to read as follows:
5 e. Notwithstanding any other provision of law to the contrary, upon an
6 application for a modification of child support pursuant to this subdi-
7 vision, the court in its discretion, may issue an order directing that
8 an order for payment of child support be stayed for a period of up to
9 one hundred eighty days following the release of a non-custodial parent
10 from a period of incarceration. Arrears shall accrue during such peri-
11 od. The original order, or any modified order shall be enforceable at
12 the end of such stay.
13 § 4. Section 13 of chapter 182 of the laws of 2010 amending the tax
14 law, the family court act, the domestic relations law and the social
15 services law relating to the modification of child support orders,
16 employer reporting of new hires and quarterly earnings, work programs
17 and the noncustodial earned income tax credit is amended to read as
18 follows:
19 § 13. This act shall take effect on the ninetieth day after it shall
20 have become law; provided however, that sections six and seven of this
21 act shall apply to any action or proceeding to modify any order of child
22 support entered on or after the effective date of this act except that
23 if the child support order incorporated without merging a valid agree-
24 ment or stipulation of the parties, the amendments regarding the modifi-
25 cation of a child support order set forth in sections six and seven of
26 this act shall only apply if the incorporated agreement or stipulation
27 was executed on or after this act's effective date, and except that
28 sections six and seven of this act shall apply to any action or proceed-
29 ing to modify a child support order entered against any person who is an
30 inmate in a correctional facility in this state whose incarceration
31 ; provided however, thatbegan prior to the effective date of this act
32 sections three and four of this act shall take effect on the three
33 hundred sixty-fifth day after it shall have become a law.
34 § 5. This act shall take effect on the ninetieth day after it shall
35 have become a law.