S 7352 New York Senate · 2025 Regular Session

Makes the inability to pay child support an affirmative defense to non-support of child offenses, rather than an element of such offenses

This bill changes how child support non-payment cases are handled in court. It makes a defendant's inability to pay child support an argument they can raise (an "affirmative defense"), rather than requiring prosecutors to prove the defendant could pay as part of the crime itself. The law applies to both misdemeanor (second-degree) and felony (first-degree) cases for failing to support a child. However, this defense does not apply if the defendant voluntarily quit a job, reduced their income, or failed to seek work despite being able to do so. The bill shifts the legal burden in these cases but does not change the penalties for non-support.
Bill status in committee 1 of 4 stages cleared
Introduction
Apr 2025
Committee Review
Floor Vote
Governor
Introduced Apr 10, 2025 Last action Jan 7, 2026
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2
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Committee
2
Jan 7, 2026
Committee
REFERRED TO CODES
upper
Apr 10, 2025
Committee
REFERRED TO CODES
upper
1 primary · 0 co-sponsors

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