Bill > A08385

This bill modifies the Family Court Act to change how courts handle child support non-payment, specifically by reducing the maximum jail time and requiring alternative approaches before imprisonment. Under the new provisions, courts can imprison a respondent for a maximum of five days for each failure to obey a child support order, with a total imprisonment not exceeding thirty days, compared to the previous maximum of six months. The bill also introduces important procedural safeguards, such as requiring that willful non-payment be proven beyond a reasonable doubt during a hearing. Before committing a respondent to jail, courts must now first consider and order alternative interventions, which may include rehabilitative programs like work preparation, non-residential substance abuse programs, or educational programs. The bill aims to provide a more measured and rehabilitative approach to addressing child support non-payment, focusing on helping individuals comply with support orders rather than relying solely on punitive measures. These changes reflect a broader trend in legal approaches that seek to balance enforcement of support obligations with opportunities for individuals to improve their ability to meet those obligations.

Justice

https://www.nysenate.gov/legislation/bills/2025/A8385