See Bill Text
A02767 Summary:
SAME AS No same as
SPONSOR Dinga
COSPNSR
MLTSPNSR Barraga, Brown, Burling, Butler, Kolb, Prentiss, Straniere, Tedisco
Rpld S240 sub 1-b (e) & (f), amd Dom Rel L, generally; amd SS358-a, 384-a,
384-b, 398, 398-d & 111-h, Soc Serv L; amd Fam Ct Act, generally
Makes numerous modifications to provisions of various laws relating to child
custody matters; provides for shared parenting custody; for parenting time
rather than visitation; mediation and counseling in matrimonial actions
involving children; sanctions for interference with parenting time; raises the
PINS age to 18 for males and females alike; provides for equality in the burden
of child support between parents; bases child support on net income exclusive
of income and FICA taxes; provides that child support ceases at age 18;
requires contract support collection agents to be audited; opens family court
to the general public; changes term of office of family court judge from ten
years to four years; deals with DNA evidence when question of paternity;
increases parental access to information.
A02767 Actions:
01/25/2001referred to judiciary
01/09/2002referred to judiciary
02/12/2002amend (t) and recommit to judiciary
02/12/2002print number 2767a
A02767 Votes:
A02767 Memo:
TITLE OF BILL : An act to amend the domestic relations law, in
relation to establishing a presumption of shared parenting of minor
children in matrimonial proceedings; to amend the domestic relations
law, the social services law and the family court act, in relation to
changing the denotation of visitation to parenting time; to amend the
domestic relations law, in relation to matrimonial actions involving
custody of children; the obligations of child support; and to amend
the social services law, in relation to audits of support collection
fiscal agents; to amend the family court act, in relation to reducing
the term of family court judges to four years; to amend the family
court act, in relation to opening all family court proceedings to the
public; to amend the family court act, in relation to the review of
evidence; to amend the family court act, in relation to DNA evidence
when question of paternity; to amend the domestic relations law, in
relation to parental access to information; to amend the family court
act and the social services law, in relation to the payment of child
support; and to repeal paragraphs (e) and (f) of subdivision 1-b of
section 240 of the domestic relations law relating to child support
PURPOSE OR GENERAL IDEA OF BILL : Makes numerous modifications to
provisions of various laws relating to child custody matters
SUMMARY OF SPECIFIC PROVISIONS :
1. Establishes that "shared parenting" custody is in the best
interests of the child.
2. Eliminates "visitation" for non-prime custodial parent and
substitutes "parenting time."
3. Mandates mediation and family counseling prior to appearance in
Family Court in any divorce involving children.
4. Provides that interference with a withholding of parenting time
without cause results in immediate sanctions.
5. Establishes that both parents have equal duty to support their
children and that child support is for care and maintenance of
children.
6. Proposes that both household incomes be considered when assigning
support amount.
7. Provides that child support should be based on net-income not gross
income. (That is minus FICA, Federal and State tax liability).
8. When non-prime resident parent has extended parenting time, (i.e.
summer vacation) support ceases until return to the prime residence.
9. Local Child Support Unit must keep accurate records and issue
quarterly statements to those who pay support.
10. The court is not required to order support for any minor child who
has become self-supporting, emancipated or married, or who has ceased
to attend school.
11. Father of children shall be responsible for 1/2 confinement
expenses when mother is on medicaid. Mother is responsible for the
other 1/2.
12. Establishes an arbitrator through the local child support
collection to arbitrate disputes when there are accusations of child
arearage in order to avert a court appearance.
13. Every parent, except as prohibited by federal and state law, shall
have access to records and information pertaining to the health,
education and welfare of the child, whether or not the child resides
with the parent, unless that access is found by the court to be not in
the best interests of the child.
14. Reduces the term of a Family Court Judge from 10 years to 4.
15. Allows the introduction of DNA testing results in questions of
paternity. If paternity is negative, the court is mandated to order
immediate cessation of all child support regardless of the length of
time that has been paid
16. Requires that all Family Court proceedings be held in open
courtrooms.
JUSTIFICATION : Family Court is an adversarial forum where one side
defaults the other, allowing a "winner" and a "loser" to be declared.
However, any child will tell you that he/she is not looking for either
parent to be evaluated as a winner or loser. Children do not want to
lose a parent. They want to be able to love each parent fully, be
taken care of in the accustomed manner, and benefit from the qualities
that both parents have to offer.
When one parent is assigned to sole custody or joint legal custody
with primary residence, the other parent is reduced to a peripheral
"visitor" status and "granted" four days a month as the "standard"
visitation. In effect not only do parents get divorced, but children
get divorced from one of their parents.
This bill attempts to mitigate the adversarial nature of Family Court
by mandating mediation prior to any appearance in Family Court in a
divorce involving children by establishing with the Family Court
judges that "shared parenting" custody is in the best interests of the
child, and by ensuring that the child support goes to the child`s
needs without being financially destructive to the support paying
parent.
This bill also holds Family Court judges, Hearing Examiners, and Law
Guardians more accountable for their decisions as well as empowering
them to order immediate cessation of child support when paternity is
proved negative and as well as to establish policy to guarantee
equitable arrangements for parenting time for non-local households.
PRIOR LEGISLATIVE HISTORY : A 10430 of 2000
FISCAL IMPLICATIONS : Yet to be determined.
EFFECTIVE DATE : This act shall take effect on the first day of
January next succeeding the date on which it shall have become law;
provided that the amendments to subdivision (a) of section 349 of the
family court act, made by section twenty-six of this act, shall not
affect the expiration of the amendments made by such a subdivision by
chapter 81 of the laws of 1995 and shall expire therewith, at which
time section twenty-seven of this act shall take effect and provided
further that any and all rules and regulations and any other measures
necessary to implement this act on its effective date may be
promulgated or taken on or before such date.
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