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NY S09489

Bill

Status

Introduced

6/22/2022

Primary Sponsor

Andrew Gounardes

Click for details

Origin

Senate

2021-2022 General Assembly

AI Summary

  • Creates new Family Court Act Section 419 imposing a child support obligation on individuals convicted of vehicular manslaughter in the second degree, vehicular manslaughter in the first degree, or aggravated vehicular homicide who cause the death of a child's parent or guardian.

  • Defines income for support calculation purposes to include gross income, investment income, various benefit payments (workers' compensation, disability, unemployment, social security, veterans, pensions), and allows courts to impute income from non-income producing assets, perquisites, and fringe benefits.

  • Requires courts to determine child support amounts based on factors including financial resources, income of both parties, child's special needs, standard of living the child would have had, sentence length, and post-incarceration employment prospects.

  • Sets minimum child support obligations at $25 per month if the assailant's income would fall below federal poverty guidelines, and $50 per month if income falls below the self-support reserve (135% of poverty guidelines).

  • Permits courts to allocate non-recurring payments such as life insurance proceeds, inheritances, and lottery winnings toward child support and allows voluntary agreements between parties that comply with the statute's provisions.

Legislative Description

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.

Last Action

REFERRED TO RULES

6/22/2022

Committee Referrals

Rules6/22/2022

Full Bill Text

No bill text available