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New York · 2025-2026 General Assembly
S07352Makes the inability to pay child support an affirmative defense to non-support of child offenses, rather than an element of such offenses.
Direction
Custody & supportsupport enforcementAI label
↓Restricts rights of the paying or noncustodial parentmodel confidence 90%
Shifts inability to pay from an element of the non-support offense (which prosecution must prove) to an affirmative defense (which defendant must prove), while preserving liability for voluntary unemployment or reduced earnings, making convictions for non-support easier and increasing obligations on
In any prosecution under this section, it is an affirmative defense that the defendant is unable to provide support for the child.
Why the model tagged it this way: The bill amends Penal Law §§ 260.05 and 260.06 by deleting language that made ability to pay an element of the non-support offenses and instead creates an affirmative defense of inability to pay (with an exception for voluntary unemployment/reduced earnings). This change makes it easier to convict and punish non-paying parents, thereby restricting the axis for the paying/less-custodial parent under custody-support/support-enforcement. 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)
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 an↑Expands rights of the paying or noncustodial parent Died (session ended)