NY Domestic Relations Bill A05117 sign now







NEW YORK STATE BILL- A05117


An act to amend the domestic relations law and the family court act, in relation to child support payments in New York State.








PURPOSE OR GENERAL IDEA OF BILL:


This bill would change the manner we currently award child support and make it fairer to children where one parent has a much higher income then the other. Instead of using custody as the criteria for a child support award; we would now (in certain cases) use disparities in income between households as Pennsylvania has since the Colonna vs. Colonna ruling last May.





SUMMARY OF SPECIFIC PROVISIONS:


Paragraph (g) of subdivision 1-b of section 240 of the domestic


relations law, as amended by chapter 41 of the laws of 1992, and paragraph (g) of subdivision 1 of section 413 of the family court act as amended by chapter 41 of the laws of 1992, are both amended to remove the requirement that any court order of child support be in the amount of at least $25 month and replace it with a Judge may use his discretion in these sorts of income disparity cases to make a child support award to a lower income non-custodial parent.





JUSTIFICATION:


Situations have arisen in court whereby a custodial parent`s income greatly exceeded the non-custodial parent`s income, and yet courts are mandated to award at least $25 a month in child support from the non-custodial parent. This change in the law would allow a judge to evaluate the particular circumstances of each case when awarding child support and if significant disparities in income are apparent, the higher income parent (even if custodial) would be required to pay child support to the lower income parent (even if non-custodial) so that the households would have parity in living situations facilitating the best interest of the children involved.





This would nullify the situations, as they exist now, where very low income parents (such as formerly unemployed stay-at-home mothers who NEVER worked) are currently forced to pay child support to custodial parents (who could very well be millionaires even) just because the higher income parent was designated custodial by our courts.





It sets up scenarios now where many lower income formerly stay-at-home mothers have been imputed income and forced into destitution trying to pay child support to a higher income custodial parent. Frequently the lower-income parent winds up unable to even visit their children due to warrants being issued for their arrest for not being able to pay imputed child support. Actually the situation with Colonna vs. Colonna ended exactly with this scenario as Mary Colonna the non-custodial mother in this case has lost her home due to back taxes owed which she was unable to pay and I believe missed her summer visitation with her children last year due to this. Additionally it can also have the unintended effect of having children living dual lives; as when they are with the higher income custodial parent they are living at a middle-income standard of living whereas on their visits with the non-custodial parent, they could be consigned to living in a trailor eating nothing but hot dogs on every visit.





ALL COLLECTED SIGNATURES WILL BE FORWARDED TO NEW YORK STATE SENATOR HILLARY RODHAM CLINTON, TO ASK HER PERSONALLY TO SUPPORT THIS BILL.





You can also Email the Honorable Senator Hillary Clinton to ask her to support this bill on your own. http://clinton.senate.gov/





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Paula GreeneBy:
Technology and the InternetIn:
Petition target:
The Honorable Senator Hillary Clinton

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