New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 4 - Executive Orders (Mario M. Cuomo) › Section 4.53 - Executive Order No. 53: Establishing a New York State Commission on Child Support. [*]

Current through Register Vol. 46, No. 28, July 10, 2024
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.
]