[ad_1]
Legislation to end a court’s ability to send to jail those who fail to pay family court-ordered alimony may receive a new boost in the state legislature.
Similar legislation was introduced in 2020 in the State Assembly, but was never presented to the State Senate. Now, Senator Julia Salazar, D-Brooklyn, has presented S.7387 to the Senate, where it has been referred to the Rules Committee.
The proposal amends the Family Court Act to remove the ability of the court to send someone to jail or place someone on probation for violating a family court support order. Salazar wrote that sentencing people to jail when they do not pay child support does not make sense because the incarcerated parent cannot earn money to pay child support while they are in prison. , while she said that probation is also a “irrational” punishment for non-payment as this can lead to jail.
“Beyond the financial costs borne by the custodial parent and the child, and to the public for the incarceration of the non-custodial parent, there are potential emotional costs for the child as well as for the friends and family of the parent. no keeper. Salazar wrote in his legislative rationale. “The Family Court Act provides many methods, in addition to incarceration and probation, by which a court can enforce a support order. This legislation would ensure that the court uses its many alternatives to incarceration and probation to secure child support for families. “
Judges can also have their driver’s licenses or other professional and business licenses suspended for non-payment of court-ordered alimony, seize bank accounts, revoke passports and intercept tax refunds.
All 50 states have passed laws criminalizing non-payment of child support, although some have decided to treat non-support as a civil matter – failure to comply with a court order. Both can result in jail time, but the latter approach leaves the non-custodial parent without a criminal record.
Assemblyman Howard Epstein, D-New York City, sponsored the Assembly’s bill complementary to Salazar’s legislation in 2020. He said the state should refocus its efforts on sending the parents in prison to employment programs. In 2005, Texas instituted a program that diverted parents from prison to vocational training programs and, according to the Texas Center for Public Policy Priorities, collected $ 9 for every $ 1 spent.
According to the Federal Office of Child Support Enforcement, New York State collected $ 1,718,403,812 in child support in 2018, with approximately $ 7.2 billion in unpaid child support. The state oversaw 794,956 child support cases in 2018.
[ad_2]
Source link