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New York · 2025-2026 General Assembly
A08385Decreases the amount of time courts can imprison an individual for the non-payment of child support to five days per each failure to obey any lawful order of support and not to exceed thirty days total; requires courts to order alternatives to imprisonment prior to imprisoning an individual for the non-payment of child support.
Direction
Custody & supportsupport enforcementAI label
↑Expands rights of the paying or noncustodial parentmodel confidence 90%
Reduces the maximum jail time for willful nonpayment of child support from longer periods to five days per violation and 30 days total, and requires courts to order alternatives to imprisonment first, so less use of incarceration to enforce support obligations.
decreasing the amount of time courts can imprison an individual for the non-payment of child support to five days per each failure to obey any lawful order of support and not to exceed thirty days total; requires courts to order alternatives to imprisonment prior to imprisoning an individual for the non-payment of child support
⚠ Quote could not be matched to the bill text: treat this label with caution
Why the model tagged it this way: The bill amends Family Court Act §454 to limit incarceration for willful nonpayment of child support to 5 days per violation (max 30 days total) and mandates alternatives to jail first; it also raises the proof standard for willfulness to beyond a reasonable doubt. Both changes reduce the enforcement burden and risk of jail on the paying/less-custodial parent, expanding the axis. No other listed topics are substantively addressed.
Related bills
A08389Enacts the "family reform act"; provides that child support amounts shall be calculated based on the non-custodial parent's income; excludes↑Expands rights of the paying or noncustodial parent↑Expands rights of the paying or noncustodial parent Died (session ended)
A04634Relates to noncompliance of an employer or income payor with income execution orders; allows child support unit to count each failure to rem↓Restricts rights of the paying or noncustodial parent Died (session ended)
A07005Eliminates the requirement that a driver's license, professional license or recreational license be suspended for failing to pay child suppo↑Expands rights of the paying or noncustodial parent↑Expands rights of the paying or noncustodial parent Died (session ended)
S07352Makes the inability to pay child support an affirmative defense to non-support of child offenses, rather than an element of such offenses.↓Restricts rights of the paying or noncustodial parent Died (session ended)