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New York · 2025-2026 General Assembly
A08389Enacts the "family reform act"; provides that child support amounts shall be calculated based on the non-custodial parent's income; excludes health insurance costs and federal and state income taxes paid from the calculation of income for child support calculation purposes; decreases the amount of time courts can imprison an individual for the non-payment of child support; requires courts to collect certain demographic information in relation to orders of child support issued, modified or enforced and publish a report on such information; makes related provisions.
Direction
Custody & supportchild supportAI label
↑Expands rights of the paying or noncustodial parentmodel confidence 90%
Shifts child support calculation from combined parental income to only the non-custodial parent's income, adds more deductions from income (including state/federal taxes and health insurance costs), caps income at a set amount with discretionary consideration above it, lowers the age of support from
"Child support" shall mean a sum to be paid pursuant to court order or decree by either or both parents or pursuant to a valid agreement between the parties for care, maintenance and education of any unemancipated child under the age of [deleted: twenty-one] eighteen years.
✓ Quote verified word for word in the bill text
Custody & supportsupport enforcementAI label
↑Expands rights of the paying or noncustodial parentmodel confidence 85%
Requires proof of willfulness beyond a reasonable doubt for contempt findings and shortens the maximum jail term for non-payment of child support from up to six months to up to thirty days while requiring courts to consider alternatives to incarceration first.
Such commitment does not prevent the court from subsequently committing the respondent for failure thereafter to comply with any such order. The court shall not commit a respondent to jail before considering and ordering other alternatives, including but not limited to requiring the respondent to participate in a rehabilitative program pursuant to paragraph (b) of this subdivision; or
Why the model tagged it this way: The bill makes multiple changes to child support calculations and enforcement that expand the rights or reduce obligations of the non-custodial (typically paying) parent: basing percentages solely on non-custodial income instead of combined, adding tax and health insurance deductions, capping income used in the formula, reducing the support age from 21 to 18, limiting incarceration for non-payment, and requiring demographic reporting on orders. No provisions address custody, alimony, paternity, or other listed topics.
Related bills
S08253Relates to interest on unclaimed child and spousal support payments by the owner of abandoned properties.=No change to rights of the paying or noncustodial parent=No change to rights of the paying or noncustodial parent Died (session ended)
S10468Establishes confirmatory adoptions allowing adoption and parentage judgements for a child with more than two parents; recognizes functional ↑Expands rights of the paying or noncustodial parent↔Mixed rights of the paying or noncustodial parent Died (session ended)
S09748Establishes confirmatory adoptions providing for the adoption of children born as a result of assisted reproduction; allows for more than tw↓Restricts rights of the paying or noncustodial parent↓Restricts rights of the paying or noncustodial parent Died (session ended)
A00743Directs the social services district to take no action to establish paternity or a child support order when the applicant or recipient for a↑Expands rights of the paying or noncustodial parent↑Expands rights of the paying or noncustodial parent Died (session ended)