New York Senate Bill S00148

New York 2025-2026 Regular Session

• Introduced: 1/8/25
• Refer: 1/8/25
• Refer: 1/7/26

Caption

Requires reduction of a parent's child support obligation by the amount of social security dependent benefits received by the child.

Summary

This bill amends both the Family Court Act and the Domestic Relations Law to require that child support calculations account for Social Security dependent benefits received by a child because of a parent’s earnings. In practical terms, the bill directs that those dependent benefits be credited as child support to the parent on whose earnings record the benefits are based, and that the parent’s child support obligation be reduced by the amount of those benefits. The bill also updates the statutory definition of basic child support obligation to reflect this new downward adjustment. The measure applies to New York’s child support formula in both Family Court and Supreme Court domestic relations cases. It adds Social Security dependent benefits to the list of income-related items considered in support calculations and creates a new crediting rule so the benefits are treated as satisfying part of the support obligation. The bill takes effect immediately and would change how courts and support enforcement agencies calculate obligations in cases where a child receives dependent benefits from a parent’s Social Security earnings record. The available record shows no committee transcript and no recorded votes, so there is no documented debate or formal sentiment from legislative proceedings. Based on the bill’s text and caption, the proposal appears to be framed as a technical fairness adjustment to prevent duplication of support where federal dependent benefits are already being paid for the child. The overall tone of the bill is administrative and formula-based rather than ideological. The main point of potential contention is whether Social Security dependent benefits should fully offset a parent’s child support obligation, and if so, how that credit should be applied in different family circumstances. Supporters would likely view the bill as preventing double payment and aligning state support orders with federal benefits. Opponents or affected parties could argue that the automatic credit may reduce support available to custodial households, especially where the dependent benefit does not fully cover the child’s needs or where existing support orders reflect broader expenses beyond the federal payment.

Impact

The bill would amend sections 413 of the Family Court Act and 240 of the Domestic Relations Law to require courts to credit Social Security dependent benefits received by a child as child support paid by the parent whose earnings record generates those benefits. It would also revise the child support formula’s definition of basic child support obligation to allow a reduction for those benefits, affecting how support orders are calculated and modified in both family court and matrimonial cases across New York.

Sentiment

There is no recorded committee discussion or vote history in the provided materials, so formal legislative sentiment cannot be measured from the record. The bill’s text suggests a generally pragmatic, technical approach aimed at aligning child support calculations with federal dependent benefits, which typically indicates neutral-to-supportive treatment rather than partisan controversy.

Contention

The likely contention is over whether Social Security dependent benefits should be treated as a direct credit against child support and whether that credit should be automatic. Custodial parents may view the bill as reducing support available for the child, while noncustodial parents and supporters may argue it prevents duplicative payment because the child is already receiving benefits tied to the parent’s earnings. Another possible issue is how the credit would interact with existing support orders and modification standards.