Bill

Bill > A03378


NY A03378

Imposes a duty on a vehicular assailant to support a surviving child of a parent or guardian killed by such person; defines income; provides for a determination of support.


summary

Introduced
01/27/2025
In Committee
01/27/2025
Crossed Over
Passed
Dead

Introduced Session

2025-2026 General Assembly

Bill Summary

AN ACT to amend the family court act and the social services law, in relation to a vehicular assailant's duty to support a surviving child

AI Summary

This bill imposes a legal obligation on a vehicular assailant (someone convicted of certain vehicular manslaughter or homicide offenses) to provide child support for surviving children under 21 whose parent or guardian was killed by the assailant. The bill establishes a comprehensive framework for determining child support that includes detailed definitions of income, which encompasses not just traditional income sources but also investment income, deferred compensation, benefits, and potentially other resources. When calculating support, the court 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, and the assailant's future employment prospects. The bill includes important protections to ensure that child support obligations do not push the assailant into extreme financial hardship, with provisions that limit monthly support to $25-$50 if such payments would reduce the assailant's income below poverty guidelines. The court is given significant discretion in determining the start date, duration, and amount of support payments, with the overarching goal of providing financial assistance to children who have lost a parent due to vehicular homicide while being mindful of the assailant's financial circumstances.

Committee Categories

Justice

Sponsors (1)

Last Action

referred to judiciary (on 01/27/2025)

bill text


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