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NY A09724

Bill

Status

Introduced

4/3/2024

Primary Sponsor

Christopher Eachus

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Origin

Assembly

2023-2024 General Assembly

AI Summary

  • Establishes a legal duty for individuals convicted of vehicular manslaughter in the second or first degree, or aggravated vehicular homicide to pay child support for surviving children (under age 21) of the parent or guardian they killed.

  • Defines "income" for child support calculations to include gross income, investment income, various benefits (workers' compensation, disability, unemployment, social security, veterans, pensions), and allows courts to attribute income from non-income-producing assets, perquisites, and former resources if the assailant reduced income to avoid obligations.

  • Requires courts to calculate child support obligations based on factors including the assailant's financial resources, the child's standard of living before the death, the assailant's sentence length, and their employment prospects after release, with minimum payments of $25-50 per month if the obligation would reduce income below poverty guidelines.

  • Permits courts to allocate a portion of non-recurring payments (life insurance, inheritances, lottery winnings) to child support and reduces the child support obligation by any civil awards already paid to the surviving child or guardian.

  • Applies to all offenses and court actions commenced on and after the effective date and modifies existing child support standards procedures in the Family Court Act and Social Services Law to reference this new provision.

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 judiciary

4/3/2024

Committee Referrals

Judiciary4/3/2024

Full Bill Text

No bill text available