N.Y. Comp. Codes R. & Regs. tit. 9 § 4.53

Current through Register Vol. 46, No. 36, September 4, 2024

Section 4.53 - Executive Order No. 53: Establishing a New York State Commission on Child Support. [*]

It is estimated that one half of the children born this year will live in single parent households before reaching the age of 18. Presently, 30 percent of the nine million single parent households live below the poverty line. Although the majority of the children in these families have support obligations established on their behalf, many of them receive only partial payments or none at all. Often these families are forced to turn to public assistance because of nonsupport by an absent parent.

Willful nonsupport of children by financially able parents is tantamount to neglect. This phenomenon is increasing and we must address the problem as we would any other illegality. It is essential that changes be made if the laws and procedures are ineffective. All children in the State of New York, regardless of their financial status, are entitled to be supported. It is the responsibility of the State as the ultimate protector of the children's well-being to insure this support.

NOW, THEREFORE, I, Mario M. Cuomo, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and laws of the State of New York, do hereby establish a New York State Commission on Child Support.

The commission shall:

(1) examine, investigate and study the operation of the State' s child and spousal support system, including existing laws, judicial proceedings and enforcement mechanisms to determine their effectiveness;

(2) determine if all families are treated equitably under the system-both families receiving Aid to Families with Dependent Children and those not dependent on public assistance;

(3) examine, study and investigate specific problems such as the enforcement of interstate obligations, the establishment of appropriate objective standards for support, and visitation;

(4) assess the availability, cost and effectiveness of existing enforcement services and inquire into the potential for cost reduction through more comprehensive utilization of existing enforcement mechanisms;

(5) determine the extent to which existing laws and permissible sanctions for nonsupport are being equitably and fully utilized;

(6) determine the extent to which responsibilities and options derived from part D of title IV of the Social Security Act are being implemented in New York State; and

(7) recommend to the Governor and the Legislature methods for improving the child support system and making it more responsive to the needs of all children deemed eligible for support.

The commission shall have no fewer than 20 members representing all aspects of the child support system, including the Legislature; the Judiciary; the Executive; custodial and noncustodial parents; the Commissioner of the Department of Social Services; representatives of local social services agencies; the Executive Director of the Women's Division; the Director of the Council on Children and Families; practicing attorneys in the area of family law; representatives of child welfare and social services agencies; and representatives of organizations concerned with the problems of child support. The Governor shall designate a chairperson.

The commission shall make a written report of its findings and recommendations, including the need for legislative changes, if any, to the Governor and the Legislature, on or before October 1, 1985.

Signed: Mario M. Cuomo

Dated: November 19, 1984

Footnotes

^* [Revoked by Executive Order No. 5 (Eliot Spitzer), infra.] [Revoked by Executive Order No. 9 (David A. Paterson), infra.] [Revoked by Executive Order No. 2 (Andrew M. Cuomo), infra.]

N.Y. Comp. Codes R. & Regs. Tit. 9 § 4.53