New York Assembly Bill A08385

New York 2025-2026 Regular Session

• Introduced: 5/13/25
• Refer: 5/13/25

Caption

Decreases the amount of time courts can imprison an individual for the non-payment of child support to five days per each failure to obey any lawful order of support and not to exceed thirty days total; requires courts to order alternatives to imprisonment prior to imprisoning an individual for the non-payment of child support.

Impact

The proposed changes in A08385 are set to impact existing family law significantly. By instituting strict limits on how much time individuals can be imprisoned for non-payment of child support, the bill aims to create a more humane and constructive environment for dealing with such issues. Courts will now be required to explore options such as rehabilitative programs aimed at assisting individuals in complying with child support obligations. This change represents a paradigm shift in how child support enforcement is approached within the state, balancing the need for accountability with the understanding that incarceration may not always be the most effective solution.

Summary

Bill A08385 aims to reform the enforcement of child support orders by limiting the duration of imprisonment for non-payment. Specifically, it seeks to decrease the maximum time a court can commit an individual for non-payment of child support to five days for each failure to comply, with a total cap of thirty days. This proposal reflects a significant shift from potentially lengthy jail sentences to shorter ones, thereby promoting alternatives to imprisonment as part of the enforcement of family court orders. The bill mandates that courts must consider and order alternatives before deciding to imprison an individual, thus encouraging more rehabilitative approaches rather than punitive measures.

Contention

Notable points of contention surrounding A08385 may arise from different stakeholders involved in the child support enforcement process. Proponents of the bill may argue that it offers a fairer system for those who genuinely struggle to meet their support obligations, while critics could raise concerns about the adequacy of alternatives to imprisonment and whether they effectively address the underlying issues of non-compliance. Additionally, there may be concerns regarding the potential impact on custodial parents who rely on these payments, as shorter sentences may not adequately deter non-payment behaviors. Debates may focus on the optimal balance between encouraging compliance through rehabilitative measures while ensuring that custodial parents receive support without undue hardship.