senate Bill S4090

2011-2012 Legislative Session

Relates to the authority of the court to direct establishment accounts for the benefit of children in certain types of cases

download bill text pdf

Sponsored By

Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (16)
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

Votes

view votes

Mar 5, 2012 - Children and Families committee Vote

S4090
6
0
committee
6
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Children and Families committee vote details

Children and Families Committee Vote: Mar 5, 2012

Apr 4, 2011 - Children and Families committee Vote

S4090
4
0
committee
4
Aye
0
Nay
1
Aye with Reservations
1
Absent
0
Excused
0
Abstained
show Children and Families committee vote details

Children and Families Committee Vote: Apr 4, 2011

aye wr (1)
absent (1)

S4090 - Details

Current Committee:
Law Section:
Domestic Relations Law
Laws Affected:
Amd §240, Dom Rel L; amd §413, Fam Ct Act

S4090 - Summary

Relates 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.

S4090 - Sponsor Memo

S4090 - 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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