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NY S03847

Bill

Status

Introduced

1/27/2017

Primary Sponsor

Rich Funke

Click for details

Origin

Senate

2017-2018 General Assembly

AI Summary

  • Amends criminal procedure law, family court act, domestic relations law, and civil practice law to require orders of protection issued to domestic violence victims include a provision that they cannot expire or be vacated unless the defendant complies with any child support orders.

  • Applies the protection provision to orders of protection issued under criminal procedure law (Section 530.11), family court proceedings (Section 812 of Family Court Act), and domestic relations cases (Section 240 of Domestic Relations Law).

  • Requires automatic income deduction orders for child support when the debtor has an active order of protection issued to the creditor, with limited exceptions for good cause or alternative agreements.

  • Modifies support enforcement procedures in civil practice law to mandate income deductions when a child support debtor also has an active order of protection against them issued to the support creditor.

  • Takes effect immediately upon enactment.

Legislative Description

Requires an order of protection that has been issued to a victim of domestic violence to include a provision that the order shall not expire or be vacated unless the party against whom such order is issued is in compliance with any court order directing him or her to pay child support and requires an automatic income deduction order for such order of support.

Last Action

COMMITTED TO RULES

6/20/2018

Committee Referrals

Rules6/20/2018
Codes1/27/2017

Full Bill Text

No bill text available