Bill > S01705

This bill imposes a legal obligation on vehicular assailants (individuals convicted of certain vehicular homicide offenses) to provide financial support for surviving children under 21 whose parent or guardian was killed as a result of their criminal actions. The bill establishes a comprehensive framework for determining child support, including detailed definitions of income that go far beyond traditional salary, such as investment income, deferred compensation, benefits, and even imputed income from non-income producing assets or perquisites. When calculating support, courts must consider multiple factors including the financial resources of the assailant and child, the child's potential standard of living had the parent not been killed, tax consequences, educational needs, and the assailant's future employment prospects. The bill includes important protections to ensure that child support payments do not push the assailant below poverty guidelines, with minimum monthly payments ranging from $25 to $50 depending on the assailant's income. Additionally, the court has discretion in determining when payments begin and how long they continue, taking into account the child's age and the assailant's period of incarceration. The legislation also allows for consideration of non-recurring payments like life insurance or inheritances and provides flexibility for voluntary agreements between parties while ensuring the child's financial needs are addressed.

Justice

https://www.nysenate.gov/legislation/bills/2025/S1705