Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Mar 12, 2012 |
referred to judiciary delivered to assembly passed senate |
Mar 07, 2012 |
advanced to third reading |
Mar 06, 2012 |
2nd report cal. |
Mar 05, 2012 |
1st report cal.285 |
Jan 04, 2012 |
referred to children and families returned to senate died in assembly |
Apr 11, 2011 |
referred to judiciary delivered to assembly passed senate |
Apr 06, 2011 |
advanced to third reading |
Apr 05, 2011 |
2nd report cal. |
Apr 04, 2011 |
1st report cal.301 |
Mar 17, 2011 |
referred to children and families |
Senate Bill S4090
2011-2012 Legislative Session
Sponsored By
(D, IP) Senate District
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
2011-S4090 (ACTIVE) - Details
- Current Committee:
- Assembly Judiciary
- Law Section:
- Domestic Relations Law
- Laws Affected:
- Amd §240, Dom Rel L; amd §413, Fam Ct Act
2011-S4090 (ACTIVE) - Sponsor Memo
BILL NUMBER:S4090 TITLE OF BILL: An act to amend the domestic relations law and the family court act, in relation to the authority of the court to direct establishment of a trust or other designated account for the benefit of children in matrimonial, child support and paternity cases This is one in a series of measures being introduced at the request of the Chief Administrative Judge upon the recommendation of her Family Court Advisory and Rules Committee. The Child Support Standards Act provides helpful parameters for Family and Supreme Courts to utilize to ensure that parents are assessed an appropriate proportion of their incomes for the support of their children, premised on the assumption that the incomes are relatively constant. However, the Act provides no mechanism for courts to address the not-infrequent situation where one parent receives an economic windfall or exceptionally high income during a short period of time, an income not likely to remain at that level in the future. Examples include professional athletes or performers, individuals who sell a successful business or those who win significant awards. Without a means of preserving a portion of the windfall income for children's future needs, courts are hampered in their ability to provide just and appropriate child support orders that incorporate
2011-S4090 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4090 2011-2012 Regular Sessions I N S E N A T E March 17, 2011 ___________ Introduced by Sen. SAVINO -- (at request of the Office of Court Adminis- tration) -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families AN ACT to amend the domestic relations law and the family court act, in relation to the authority of the court to direct establishment of a trust or other designated account for the benefit of children in matrimonial, child support and paternity cases THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (c) of subdivision 1-b of section 240 of the domestic relations law is amended by adding a new subparagraph 8 to read as follows: (8) IN ADDITION TO THE BASIC CHILD SUPPORT OBLIGATION ORDERED UNDER THIS SUBDIVISION, THE COURT MAY, IN ITS DISCRETION, ORDER THE RESPONDENT TO PAY AN AMOUNT TO ESTABLISH A SECURITY ACCOUNT DESIGNATED FOR THE BENEFIT OF THE CHILD, INCLUDING, BUT NOT LIMITED TO, A TRUST ACCOUNT OR ANNUITY TO MEET THE CHILD'S FUTURE NEEDS. THE COURT MAY DIRECT THE ESTABLISHMENT OF SUCH AN ACCOUNT UNDER SUCH TERMS AND CONDITIONS AS IT DEEMS APPROPRIATE. THE COURT SHALL SET FORTH, AS APPLICABLE: THE SPECIF- IC PURPOSES OF THE ACCOUNT; THE PERSON OR ENTITY THAT WILL ACT AS TRUS- TEE, CUSTODIAN OR ADMINISTRATOR OF THE FUNDS IN THE ACCOUNT; THE PERSON OR ENTITY THAT WILL ACT AS THE TRUSTEE, CUSTODIAN OR ADMINISTRATOR OF THE FUNDS IN THE ACCOUNT IN THE EVENT OF THE DEATH OF THE DESIGNATED TRUSTEE, CUSTODIAN OR ADMINISTRATOR; THE DISPOSITION OF THE FUNDS AFTER THE EMANCIPATION OR DEATH OF THE CHILD OR CHILDREN NAMED AS BENEFICI- ARIES; THE PARTICULAR STRUCTURE THAT WILL FULFILL THE PURPOSES OF THE ACCOUNT; AND ANY FURTHER PROVISIONS NECESSARY TO ACCOMPLISH THE PURPOSE OF THE ACCOUNT. THE ESTABLISHMENT OF SUCH AN ACCOUNT SHALL NOT DIMINISH ANY CURRENT CHILD SUPPORT OBLIGATIONS. S 2. Paragraph (c) of subdivision 1 of section 413 of the family court act is amended by adding a new subparagraph 8 to read as follows: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09515-01-1
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