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New York · 2025-2026 General Assembly

A08296 Relates to recurring payments to the non-custodial parent in special circumstances in child support proceedings involving joint or shared custody of children.

Direction

Custody & support child supportAI label

Expands rights of the paying or noncustodial parent model confidence 90%

Allows courts to order the higher-income custodial parent to make recurring payments to the lower-income non-custodial parent in joint/shared custody cases when specific conditions are met, and treats such payments as child support that can be netted against the non-custodial parent's obligation.

the court may direct the custodial parent to pay a recurring sum of money to the non-custodial parent and/or to third parties on the child's behalf while in the care of the non-custodial parent where the court finds, in a written decision, that: (1) the non-custodial parent has been awarded substantial parenting time with the child; (2) the custodial parent has far greater income and/or assets than the non-custodial parent, and the non-custodial parent does not have the ability to earn sufficient income to provide for the child's basic needs when in the non-custodial parent's care;

✓ Quote verified word for word in the bill text

Custody & support custody parenting timeAI label

Expands rights of the paying or noncustodial parent model confidence 80%

Authorizes payments from custodial to non-custodial parent only when the non-custodial parent has been awarded substantial parenting time, which supports and incentivizes shared parenting arrangements.

(1) the non-custodial parent has been awarded substantial parenting time with the child;

✓ Quote verified word for word in the bill text

  1. Filed (completed)
  2. Committee
  3. Passed one chamber
  4. Passed both
  5. Governor
  6. Law

Status: Died (session ended)

Last action
2026-01-07: referred to judiciary
Filed
2025-05-12
Committee
Judiciary
Sponsor
Karen McMahon D + 2 cosponsors (2 D)

Why the model tagged it this way: The bill adds provisions to both the Family Court Act and Domestic Relations Law allowing courts to order child support payments from a higher-income custodial parent to a lower-income non-custodial parent in joint or shared custody cases under specific conditions, including substantial parenting time awarded to the non-custodial parent. This expands rights for the paying/less-custodial parent by enabling them to receive support and by facilitating netting of obligations, while also tying the availability of such payments to substantial parenting time.

Related bills

Sponsors

Text versions

History (2 actions)
DateChamberAction
2026-01-07Areferred to judiciary
2025-05-12Areferred to judiciary