Bill > S07352

This bill modifies New York's penal law regarding non-support of a child by changing how a person's inability to pay child support is treated in legal proceedings. Previously, the law considered a person's ability to pay child support as an element of the offense, which meant prosecutors had to prove the defendant could pay but chose not to. Now, the bill makes the inability to pay an "affirmative defense," meaning defendants can proactively argue this point in court as a potential justification for their non-payment. The bill specifically applies to two degrees of child non-support offenses: second degree (a misdemeanor) and first degree (a felony), which applies to repeat offenders. Importantly, the bill maintains that voluntarily becoming unable to pay—such as by quitting a job, reducing earning capacity, or not seeking employment—does not qualify as a valid defense. The legislation aims to provide some flexibility for parents who genuinely cannot meet child support obligations due to circumstances beyond their control, while still holding accountable those who deliberately avoid their financial responsibilities to their children. The changes will take effect on November 1st following the bill's passage into law.

Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2025/S7352