assigned to any other appropriate employment, activities authorized by this chapter. training or educational [5.] 6. An employable recipient of home relief subject to the provisions of this section who is determined not to have actively engaged in job search activities shall be disqualified from receiving home relief as follows: (a) for the first such failure, until the failure ceases or for [forty-five] seventy-five days, whichever period of time is longer; (b) for the second such failure, until the failure ceases or for one hundred [twenty] fifty days, whichever period of time is longer; and (c) for the third and subsequent failures, until the failure ceases or for one hundred eighty days, whichever period of time is longer. [6.] 7. The commissioner and the social services districts may jointly grant waivers of the applicability of this section in any social vices district or portion thereof in which jobs are not available for home relief recipients as determined pursuant to criteria set forth in department regulations. Such criteria shall include, but not be limited to, considerations of the unemployment rate in the social services district, including the seasonal unemployment rates, and considerations of the types of employment existing in the social services district. ser § 137. Subdivision 5 of section 211 of the social services law, as amended by chapter 72 of the laws of 1989, is amended to read as follows: 5. The department is authorized, on behalf of the state, to enter into an agreement with the secretary of the federal department of health and human services for the purpose of obtaining reimbursement for home relief or any other payments made from state or local funds furnished for basic needs for any month to or on behalf of persons who subsequent ly are determined eligible to receive supplemental security income payments for such month. Notwithstanding any law to the contrary, the department is authorized to condition eligibility for any program providing such payments upon the individual's execution of a written authorization allowing the secretary of the federal department of health and human services to pay to the social services district the amount of supplemental security income due at the time the individual becomes eligible. § 138. Paragraph (a) of subdivision 2 of section 332 of the social services law, as added by chapter 453 of the laws of 1990, is amended to read as follows: (a) Consistent with its annual plan for the provision of activities under this title and subject to regulations of the department, a social services district shall, to the extent that district resources permit, require employable recipients of aid to families with dependent children, home relief or veteran assistance] to participate in the job opportunities and basic skills training program as required to meet federal participation and target group expenditure levels provided, however, that social services districts shall require employable recipients of home relief or veteran assistance to participate in such program at a rate equal to 2.0 multiplied by the percentage of employable recipients of aid to families with dependent children required to participate by federal participation rates. In each state fiscal year in which a social services district fails to meet participation rates established for employable recipients of home relief or veteran assistance, such district shall have its state reimbursement for administration of income maintenance, medicaid, food stamp, and child support programs reduced by .5 percent for each one percent of such shortfall up to a maximum reduction of 2.5 percent. A social services district may, to the extent that district resources permit, require employable recipients of aid to families with dependent children, home relief or veteran assistance] to participate in the job opportunities and basic skills training program beyond such federal participation levels and require employable recipients of home relief or veteran assistance to participate in such program beyond the participation rates established by this section. The department is authorized to preclude social services districts from requiring participation beyond minimum federal participation rates if the district fails to operate the program in accordance with its local plan. Nothing contained herein shall be deemed to limit the department's powers and duties as prescribed by section twenty of this chapter. § 139. Paragraph a of subdivision 7 of part B of section 236 of the domestic relations law, as amended by chapter 567 of the laws of 1989 and as designated by chapter 818 of the laws of 1990, is amended to read as follows: a. In any matrimonial action, or in an independent action for child support, the court as provided in section two hundred forty of this chapter shall order either or both parents to pay temporary child support or child support without requiring a showing of immediate or emergency need. The court shall make an order for temporary child support notwithstanding that information with respect to income and assets of either or both parents may be unavailable. Where such information is available, the court may make an order for temporary child support pursuant to section two hundred forty of this article. Such order shall be effective as of the date of the application therefor, and any retroactive amount of child support due shall be support arrears/past due support and shall be paid in one sum or periodic sums, as the court shall direct, taking into account any amount of temporary child support which has been paid. In addition, such retroactive child support shall be forceable in any manner provided by law including, but not limited to, an execution for support enforcement pursuant to subdivision (b) of section fifty-two hundred forty-one of the civil practice law and rules. The court shall not consider the misconduct of either party but shall make its award for child support pursuant to section two hundred forty of this article. en § 140. Paragraph b of subdivision 9 of part B of section 236 of the domestic relations law, as amended by chapter 567 of the laws of 1989, is amended to read as follows: to b. Upon application by either party, the court may annul or modify any prior order or judgment as to maintenance or child support, upon a showing of the recipient's inability to be self-supporting or a substantial change in circumstance or termination of child support awarded pursuant to section two hundred forty of this article, including financial hardship. Where, after the effective date of this part, a separation agreement remains in force no modification of a prior order or judgment incorporating the terms of said agreement shall be made as to maintenance without a showing of extreme hardship on either party, in which event the judgment or order as modified shall supersede the terms of the prior agreement and judgment for such period of time and under such circumstances as the court determines. Provided, however, that no modification or annulment shall reduce or annul any arrears of child support which have accrued prior to the date of application to annul or modify any prior order or judgment as to child support. The court shall not reduce or annul any arrears of maintenance which have been reduced final judgment pursuant to section two hundred forty-four of this chapter. No other arrears of maintenance which have accrued prior to the making of such application shall be subject to modification or annulment unless the defaulting party shows good cause for failure to make application for relief from the judgment or order directing such payment prior to the accrual of such arrears and the facts and circumstances constituting good cause are set forth in a written memorandum of decision. Such modification may increase maintenance or child support nunc pro tunc as of the date of application based on newly discovered evidence. Any retroactive amount of maintenance, or child support due shall be paid in one sum or periodic sums, as the court directs, taking into account any temporary or partial payments which have been made. Any retroactive amount of child support due shall be support arrears/past due support. In addition, such retroactive child support shall be enforceable in any manner provided by law including, but not limited to, an execution for support enforcement pursuant to subdivision (b) of section fifty-two hundred forty-one of the civil practice law and rules. The provisions of this subdivision shall not apply to a separation agreement made prior to the effective date of this part. 141. Subdivision 1 of section 240 of the domestic relations law, as amended by chapter 818 of the laws of 1990, is amended to read as follows: 1. In any action or proceeding brought (1) to annul a marriage or to declare the nullity of a void marriage, or (2) for a separation, or (3) for a divorce, or (4) to obtain, by a writ of habeas corpus or by petition and order to show cause, the custody of or right to visitation with any child of a marriage, the court must give such direction, between the parties, for the custody and support of any child of the parties, as, in the court's discretion, justice requires, having regard to the circumstances of the case and of the respective parties and to the best inEXPLANATION-Matter in italics is new; matter in brackets [ ] is old law to be omitted. terests of the child. In all cases there shall be no prima facie right to the custody of the child in either parent. Such direction shall make provision for child support out of the property of either or both parents. The court shall make its award for child support pursuant to subdivision one-b of this section. Such direction may provide for reasonable visitation rights to the maternal and/or paternal grandparents of any child of the parties. Such direction as it applies to rights of visitation with a child remanded or placed in the care of a person, official, agency or institution pursuant to article ten of the family court act, or pursuant to an instrument approved under section three hundred fifty-eight-a of the social services law, shall be enforceable pursuant to part eight of article ten of the family court act and sections three hundred fifty-eight-a and three hundred eighty-four-a of the social services law and other applicable provisions of law against any person having care and custody, or temporary care and custody, of the child. Notwithstanding any other provision of law, any written application or motion to the court for the establishment, modification or enforcement of a child support obligation for persons not in receipt of aid to dependent children must contain either a request for child support enforcement services completed in the manner specified in section one hundred eleven-g of the social services law; or a statement that the applicant has applied for or is in receipt of such services; or a statement that the applicant knows of the availability of such services and has declined them at this time. The court shall provide a copy of any such request for child support enforcement services to the support collection unit of the appropriate social services district any time it directs payments to be made to such support collection unit. Additionally, the copy of any such request shall be accompanied by the name, address and social security number of the parties; the date and place of the parties' marriage; the name and date of birth of the child or children; and the name and address of the employers and income payors of the party from whom child support is sought or from the party ordered to pay child support to the other party. Such direction may require the payment of a sum or sums of money either directly to the custodial parent or to third persons for goods or services furnished for such child, or for both payments to the custodial parent and to such third persons; provided, however, that unless the party seeking or receiving child support has applied for or is receiving such services, the court shall not direct such payments to be made to the support collection unit, as established in section one hundred eleven-h of the social services law. Such direction shall require that where either parent has health insurance available through an employer or organization that may be extended to cover the child and when the court determines that the employer or organization will pay for a substantial portion of the premium on any such extension of coverage, that such parent exercise the option of additional coverage in favor of such child and execute and deliver any forms, notices, documents or instruments necessary to assure timely payment of any health insurance claims for such child. When both parents have health insurance available to them and the court determines that the policies are complementary, the court may order both parents to exercise the option of additional coverage as provided herein. Such direction shall be effective as of the date of the application therefor, and any retroactive amount of child support due shall be support arrears past due support and shall be paid in one sum or periodic sums as the court shall direct, taking into account any amount of temporary child support which has been paid. In addition, such retroactive child support shall be enforceable in any manner provided by law including, but not limited to, an execution for support enforcement pursuant to subdivision (b) of section fifty-two hundred forty-one of the civil practice law and rules. Such direction may be made in the final judgment in such action or proceeding, or by one or more orders from time to time before or subsequent to final judgment, or by both such order or orders and the final judgment. Such direction may be made notwithstanding that the court for any reason whatsoever, other than lack of jurisdiction, refuses to grant the relief requested in the action or proceeding. Any order or judgment made as in this section provided may combine in one lump sum any amount payable to the custodial parent under this section with any amount payable to such parent under section two hundred thirtysix of this chapter. Upon the application of either parent, or of any other person or party having the care, custody and control of such child pursuant to such judgment or order, after such notice to the other party or parties or persons having such care, custody and control and given in such manner as the court shall direct, the court may annul or modify any such direction, whether made by order or final judgment, or in case no such direction shall have been made in the final judgment may, with respect to any judgment of annulment or declaring the nullity of a void marriage rendered on or after September first, nineteen hundred forty, or any judgment of separation or divorce whenever rendered, amend the judgment by inserting such direction. Subject to the provisions of section two hundred forty-four of this article, no such modification or annulment shall reduce or annul arrears accrued prior to the making of such application unless the defaulting party shows good cause for failure to make application for relief from the judgment or order directing such payment prior to the accrual of such arrears. Such modification may increase such child support nunc pro tunc as of the date of application based on newly discovered evidence. Any retroactive amount of child support due shall be support arrears/ past due support and shall be paid in one sum or periodic sums, as the court shall direct, taking into account any amount of temporary child support which has been paid. In addition, such retroactive child support shall be enforceable in any manner provided by law including, but not limited to, an execution for support enforcement pursuant to subdivision (b) of section fifty-two hundred forty-one of the civil practice law and rules. § 142. Paragraph (a) of subdivision 1 of section 440 of the family court act, as amended by chapter 818 of the laws of 1990, is amended to read as follows: (a) Any support order made by the court in any proceeding under the provisions of article three-A of the domestic relations law, pursuant to a reference from the supreme court under section two hundred fifty-one of the domestic relations law or under the provisions of articles four, five or five-A of this act (i) shall direct that payments of child support or combined child and spousal support collected on behalf of persons in receipt of services pursuant to section one hundred eleven-g of the social services law, or on behalf of persons in receipt of public assistance be made to the support collection unit designated by the appropriate social services district, which shall receive and disburse funds so paid; and (ii) shall be effective as of the earlier of the date of the filing of the petition therefor, [with any] or, if the children for whom support is sought are in receipt of public assistance, the date for which their eligibility for public assistance was effective. Any retroactive amount of support due [to] shall be support arrears/past due support and shall be paid in one sum or periodic sums, as the court directs, and any amount of temporary support which has been paid to be taken into account in calculating any amount of such retroactive support due. In addition, such retroactive child support shall be enforceable in any manner provided by law including, but not limited to, an execution for support enforcement pursuant to subdivision (b) of section fifty-two hundred forty-one of the civil practice law and rules. The court shall not direct that support payments be made to the support collection unit unless the child, who is the subject of the order, is in receipt of public assistance or child support services pursuant to section one hundred eleven-g of the social services law. Any such order shall be enforceable pursuant to section fifty-two hundred forty-one or fifty-two hundred forty-two of the civil practice law and rules, or in any other manner provided by law. Where permitted under federal law and where the record of the proceedings contains such information, such order shall include on its face the social security number and the name and address of the employer, if any, of the person chargeable with support provided, however, that failure to comply with this requirement shall not inválidate such order. § 143. Section 449 of the family court act, as added by chapter 695 of the laws of 1981, is amended to read as follows: § 449. Effective date of order of support. 1. Any order of spousal support made under this article shall be effective as of the date of the filing of the petition therefor, and any retroactive amount of support due shall be paid in one sum or periodic sums, as the court shall direct, to the petitioner, to the custodial parent or to third persons. Any amount of temporary support which has been paid shall be taken into account in calculating any amount of retroactive support due. 2. Any order of child support made under this article shall be effective as of the earlier of the date of the filing of the petition thereEXPLANATION-Matter in italics is new; matter in brackets [ ] is old law to be omitted. for, or, if the children for whom support is sought are in receipt of public assistance, the date for which their eligibility for public assistance was effective. Any retroactive amount of support due shall be support arrears/past-due support and shall be paid in one sum or periodic sums, as the court shall direct, to the petitioner, to the custodial parent or to third persons. Any amount of temporary support which has been paid shall be taken into account in calculating any amount of retroactive support due. In addition, such retroactive child support shall be enforceable in any manner provided by law including, but not limited to, an execution for support enforcement pursuant to subdivision (b) of section fifty-two hundred forty-one of the civil practice law and rules. § 144. Subdivision 1 of section 545 of the family court act, as amended by chapter 849 of the laws of 1986 and as designated by 892 of the laws of 1986, is amended to read as follows: chapter 1. In a proceeding in which the court has made an order of filiation, the court shall direct the parent or parents possessed of sufficient means or able to earn such means to pay weekly or at other fixed periods a fair and reasonable sum according to their respective means as the court may determine and apportion for such child's support and education, until the child is twenty-one. The order shall be effective as of the earlier of the date of the application for an order of filiation, [and any] or, if the children for whom support is sought are in receipt of public assistance, the date for which their eligibility for public assistance was effective. Any retroactive amount of child support shall be support arrears/past-due support and shall be paid in one sum or periodic sums as the court shall direct, taking into account any amount of temporary support which has been paid. In addition, such retroactive child support shall be enforceable in any manner provided by law including, but not limited to, an execution for support enforcement pursuant to subdivision (b) of section fifty-two hundred forty-one of the civil practice law and rules. The court shall direct such parent to make his or her residence known at all times should he or she move from the address last known to the court by reporting such change to the support collection unit designated by the appropriate social services district. The order may also direct each parent to pay an amount as the court may determine and apportion for the support of the child prior to the making of the order of filiation, and may direct each parent to pay an amount as the court may determine and apportion for (a) the funeral expenses if the child has died, (b) the necessary expenses incurred by or for the mother in connection with her confinement and recovery, and (c) such expenses in connection with the pregnancy of the mother as the court may deem proper. When either parent has health insurance available through an employer or organization that may be extended to cover persons on whose behalf the petition is brought and when the court determines that the employer or organization will pay for a substantial portion of the premium on any such extension of coverage, any order of support shall require such parent to exercise the option of additional coverage in favor of such persons whom he or she is legally responsible to support and to execute and deliver any forms, notices, documents, or instruments to assure timely payment of any health insurance claims for such person. When more than one legally responsible relative has such health insurance available and the court determines that the policies are complementary, the court may order both legally responsible relatives to exer cise the option of additional coverage as provided herein. Subsequently, for good cause shown, support may be continued in the discretion of the court. § 145. Paragraph (g) of subdivision 1-b of section 240 of the domestic relations law, as amended by chapter 818 of the laws of 1990, is amended to read as follows: (g) Where the court finds that the non-custodial parent's pro rata share of the basic child support obligation is unjust or inappropriate the court shall order the non-custodial parent to pay such amount of child support as the court finds just and appropriate, and the court shall set forth, in a written order, the factors it considered [and the reasons for the level of support and such]; the amount of each party's pro rata share of the basic child support obligation; and the reasons that the court did not order the basic child support obligation. Such written order may not be waived by either party or counsel; provided however, and notwithstanding any other provision of law, the court shall not find that the non-custodial parent's pro rata share of such obligation is unjust or inappropriate on the basis that such share exceeds the |
