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Assembly Bill A4840

2013-2014 Legislative Session

Relates to prohibiting maintenance awards to a spouse convicted of certain offenses against a former spouse

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Archive: Last Bill Status - In Assembly Committee

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2013-A4840 (ACTIVE) - Details

See Senate Version of this Bill:
S2588
Current Committee:
Assembly Judiciary
Law Section:
Domestic Relations Law
Laws Affected:
Amd ยง236, Dom Rel L

2013-A4840 (ACTIVE) - Summary

Provides that a party who has been convicted of a domestic violence offense , a sexually violent offense, or of soliciting the murder, of a spouse or former spouse shall not be awarded maintenance to be paid by such spouse or former spouse.

2013-A4840 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4840

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 11, 2013
                               ___________

Introduced  by  M. of A. SCHIMMINGER, DenDEKKER, SIMANOWITZ, MAGNARELLI,
  MOYA, JAFFEE, MILLER, GUNTHER, ROBERTS, RIVERA, KEARNS --  Multi-Spon-
  sored  by  --  M.  of A. ARROYO, BARRON, BRAUNSTEIN, HIKIND, McDONALD,
  STEVENSON, WEISENBERG -- read once and referred to  the  Committee  on
  Judiciary

AN  ACT  to amend the domestic relations law, in relation to prohibiting
  maintenance awards to a spouse convicted of certain offenses

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Item (x) of clause (a) of subparagraph 2 of paragraph c of
subdivision 5-a of part B of section 236 of the domestic relations  law,
as  added  by  chapter  371  of  the laws of 2010, is amended to read as
follows:
  (x) acts by one party against another that have inhibited or  continue
to  inhibit  a  party's earning capacity or ability to obtain meaningful
employment. Such acts include but are not limited to  acts  of  domestic
violence  as provided in section four hundred fifty-nine-a of the social
services law. PROVIDED THAT A PARTY WHO HAS BEEN CONVICTED OF A DOMESTIC
VIOLENCE OFFENSE AGAINST A SPOUSE OR FORMER SPOUSE, A  SEXUALLY  VIOLENT
OFFENSE   AS  DEFINED  BY  SUBDIVISION  THREE  OF  SECTION  ONE  HUNDRED
SIXTY-EIGHT-A OF THE CORRECTION LAW OF A SPOUSE OR FORMER SPOUSE, OR  OF
SOLICITING  THE MURDER OF A SPOUSE OR FORMER SPOUSE SHALL NOT BE AWARDED
TEMPORARY MAINTENANCE TO BE PAID BY SUCH SPOUSE OR FORMER SPOUSE;
  S 2. Subparagraph 7 of paragraph a of  subdivision  6  of  part  B  of
section  236 of the domestic relations law, as amended by chapter 371 of
the laws of 2010, is amended to read as follows:
  (7) acts by one party against another that have inhibited or  continue
to  inhibit  a  party's earning capacity or ability to obtain meaningful
employment. Such acts include but are not limited to  acts  of  domestic
violence  as provided in section four hundred fifty-nine-a of the social
services law. PROVIDED THAT A PARTY WHO HAS BEEN CONVICTED OF A DOMESTIC

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05318-01-3

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