We, the undersigned, call for an amendment to New York State law concerning child support obligations that currently require survivors of abuse to make payments to their abuser. This practice is not only unjust but exacerbates the trauma faced by survivors and may put them and their children at further risk.

Currently, New York State law does not adequately protect survivors of abuse from being financially obligated to support their abusers when custody arrangements are made. In situations where the abusive parent obtains custody, the non-custodial parent may be required by law to pay child support, inadvertently funding their own abuse and continuing the cycle of abuse.

Our purpose is to advocate for legislative change that considers the history of abuse (physical, mental, psychological) in custody and child support rulings. We aim to prevent any financial obligation that supports an environment of abuse.

Proposed Changes:

Assessment Protocol: Implement a comprehensive assessment process to review abuse allegations thoroughly before child support decisions are finalized taking into consideration any protective orders and/or domestic incident reports on file or in place.
Judicial Discretion: Amend laws to provide judges with the discretion to waive child support obligations if evidence of abuse is presented.
Financial Safeguards: Establish dedicated funds or systems to ensure the child's needs are met without financially benefiting the abuser.
Protective Measures: Ensure confidentiality and protective measures are in place to prevent retaliation against the survivor and children during court proceedings.

We urge the New York State Legislature to take immediate action to reevaluate and amend current laws that place undue financial burdens on survivors of abuse. By signing this petition, you stand with us in advocating for a fair and just legal system that supports survivors and protects their rights.

The legal system should not only protect abusive parents’ rights but must also prioritize the safety and well-being of survivors and children. We call for your support in making this vital change in New York State law.