S T A T E O F N E W Y O R K
________________________________________________________________________
4926
2009-2010 Regular Sessions
I N A S S E M B L Y
February 10, 2009
___________
Introduced by M. of A. BUTLER -- read once and referred to the Committee
on Judiciary
AN ACT to amend the domestic relations law, in relation to requiring
parents to provide certain information as part of custody and support
agreements
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 4 of part B of section 236 of the domestic
relations law, as separately amended by chapters 884 and 892 of the laws
of 1986, paragraph a as amended by chapter 214 of the laws of 1998, is
amended to read as follows:
4. Compulsory financial disclosure. a. In all matrimonial actions and
proceedings in which alimony, maintenance or support is in issue, there
shall be compulsory disclosure by both parties of their respective
financial states. No showing of special circumstances shall be required
before such disclosure is ordered. A sworn statement of net worth shall
be provided upon receipt of a notice in writing demanding the same,
within twenty days after the receipt thereof. In the event said state-
ment is not demanded, it shall be filed with the clerk of the court by
each party, within ten days after joinder of issue, in the court in
which the proceeding is pending. As used in this part, the term "net
worth" shall mean the amount by which total assets including income
exceed total liabilities including fixed financial obligations. It shall
include all income and assets of whatsoever kind and nature and wherever
situated and shall include a list of all assets transferred in any
manner during the preceding three years, or the length of the marriage,
whichever is shorter; provided, however that transfers in the routine
course of business which resulted in an exchange of assets of substan-
tially equivalent value need not be specifically disclosed where such
assets are otherwise identified in the statement of net worth. All such
sworn statements of net worth shall be accompanied by a current and
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07875-01-9
A. 4926 2
representative paycheck stub and the most recently filed state and
federal income tax returns including a copy of the W-2(s) wage and tax
statement(s) submitted with the returns. In addition, both parties shall
provide information relating to any and all group health plans available
to them for the provision of care or other medical benefits by insurance
or otherwise for the benefit of the child or children for whom support
is sought, including all such information as may be required to be
included in a qualified medical child support order as defined in
section six hundred nine of the employee retirement income security act
of 1974 (29 USC 1169) including, but not limited to: (i) the name and
last known mailing address of each party and of each dependent to be
covered by the order; (ii) the identification and a description of each
group health plan available for the benefit or coverage of the disclos-
ing party and the child or children for whom support is sought; (iii) a
detailed description of the type of coverage available from each group
health plan for the potential benefit of each such dependent; (iv) the
identification of the plan administrator for each such group health plan
and the address of such administrator; (v) the identification numbers
for each such group health plan; and (vi) such other information as may
be required by the court. Noncompliance shall be punishable by any or
all of the penalties prescribed in section thirty-one hundred twenty-six
of the civil practice law and rules, in examination before or during
trial. FINANCIAL INFORMATION REQUIRED TO BE DISCLOSED PURSUANT TO THIS
SUBDIVISION SHALL BE MADE AVAILABLE TO ANY CHILD FOR WHOM SUPPORT IS
BEING PAID BY EITHER PARENT, FOR THE PURPOSE OF PERMITTING SUCH CHILD TO
FILE FOR STUDENT FINANCIAL AID FOR ATTENDANCE AT A POST-SECONDARY EDUCA-
TIONAL INSTITUTION. BOTH PARENTS SHALL BE REQUIRED TO PROVIDE ANY
REQUIRED FINANCIAL INFORMATION AND TO COMPLETE ANY FORMS NECESSARY FOR
THE CHILD TO APPLY FOR FINANCIAL ASSISTANCE FOR SUCH PURPOSE. THE
PROVISIONS OF THIS PARAGRAPH SHALL NOT IMPOSE A REQUIREMENT THAT EITHER
OF BOTH PARENTS CONTRIBUTE TO THE COSTS OF POST SECONDARY EDUCATION
EXCEPT AS OTHERWISE PROVIDED IN A CUSTODY OR SUPPORT AGREEMENT EXECUTED
OR ORDERED UNDER THE PROVISIONS OF THIS CHAPTER.
b. As soon as practicable after a matrimonial action has been
commenced, the court shall set the date or dates the parties shall use
for the valuation of each asset. The valuation date or dates may be
anytime from the date of commencement of the action to the date of
trial.
S 2. This act shall take effect immediately.