Bill > A08296

This bill amends the Family Court Act and Domestic Relations Law to allow courts to order recurring payments from the custodial parent to the non-custodial parent in certain child support cases involving joint or shared custody. Specifically, the court may direct such payments when five key conditions are met: (1) the non-custodial parent has substantial parenting time; (2) the custodial parent has significantly greater income or assets and the non-custodial parent cannot earn enough to support the child; (3) the payment is necessary for the non-custodial parent to provide for the child's basic needs; (4) the payment will not result in insufficient funds for the custodial parent to meet the child's basic needs; and (5) not making the payment would be against the child's best interests and unfairly burden the child economically due to parental separation. The bill applies only to cases where the child is not receiving Temporary Assistance for Needy Families (TANF), and allows the court to offset the smaller payment against the larger child support obligation, resulting in a single net payment. The payments are considered child support for enforcement purposes and as income to the non-custodial parent. The act will take effect 90 days after becoming law.

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https://www.nysenate.gov/legislation/bills/2025/A8296