assembly Bill A6728A

2013-2014 Legislative Session

Relates to temporary maintenance awards and maintenance obligations; repealer

download bill text pdf

Sponsored By

Archive: Last Bill Status - Stricken


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

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Actions

view actions (8)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 02, 2014 enacting clause stricken
Jan 08, 2014 referred to judiciary
Jun 17, 2013 print number 6728b
amend and recommit to codes
Jun 12, 2013 reported referred to codes
Jun 10, 2013 print number 6728a
amend (t) and recommit to judiciary
Apr 17, 2013 referred to judiciary

Co-Sponsors

Multi-Sponsors

A6728 - Details

Current Committee:
Law Section:
Domestic Relations Law
Laws Affected:
Amd §236, rpld §248, Dom Rel L; amd §412, Fam Ct Act

A6728 - Summary

Relates to modification of temporary maintenance awards and maintenance obligations.

A6728 - Bill Text download pdf

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

                                  6728

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             April 17, 2013
                               ___________

Introduced by M. of A. PAULIN -- read once and referred to the Committee
  on Judiciary

AN ACT to amend the domestic relations law, in relation to modifications
  of temporary maintenance awards and maintenance obligations

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

  Section 1. 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:
  5-a. Temporary maintenance awards. a. Except where  the  parties  have
entered  into  an  agreement  pursuant to subdivision three of this part
providing for maintenance, in any matrimonial  action  the  court  shall
make  its  award for temporary maintenance pursuant to the provisions of
this subdivision.
  b. For purposes of this subdivision, the following  definitions  shall
be used:
  (1) "Payor" shall mean the spouse with the higher income.
  (2) "Payee" shall mean the spouse with the lower income.
  (3)  ["Length  of  marriage"  shall  mean  the period from the date of
marriage until the date of commencement of action.
  (4)] "Income" shall mean[:
  (a)] income as defined in the child support standards act and codified
in section two hundred forty of this article and  section  four  hundred
thirteen of the family court act[; and
  (b)  income  from income producing property to be distributed pursuant
to subdivision five of this part].
  [(5)] (4) "Income cap" shall mean up to  and  including  five  hundred
thousand dollars of the payor's annual income; provided, however, begin-
ning  January thirty-first, two thousand [twelve] FOURTEEN and every two
years thereafter, the [payor's annual] income CAP amount shall  increase
by  the product of the average annual percentage changes in the consumer

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09639-04-3

Co-Sponsors

Multi-Sponsors

A6728A - Details

Current Committee:
Law Section:
Domestic Relations Law
Laws Affected:
Amd §236, rpld §248, Dom Rel L; amd §412, Fam Ct Act

A6728A - Summary

Relates to modification of temporary maintenance awards and maintenance obligations.

A6728A - Bill Text download pdf

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

                                 6728--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             April 17, 2013
                               ___________

Introduced by M. of A. PAULIN, SEPULVEDA, ROBERTS, JAFFEE -- Multi-Spon-
  sored  by  --  M.   of A. GIBSON, GOTTFRIED, PERRY, WEISENBERG -- read
  once  and  referred  to  the  Committee  on  Judiciary  --   committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT to amend the domestic relations law and the family court act, in
  relation to modifications of temporary maintenance awards and  mainte-
  nance obligations; and repealing section 248 of the domestic relations
  law, relating thereto

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

  Section 1. 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:
  5-a. Temporary maintenance awards. a. Except where  the  parties  have
entered  into  an  agreement  pursuant to subdivision three of this part
providing for maintenance, in any matrimonial  action  the  court  shall
make  its  award for temporary maintenance pursuant to the provisions of
this subdivision.
  b. For purposes of this subdivision, the following  definitions  shall
be used:
  (1) "Payor" shall mean the spouse with the higher income.
  (2) "Payee" shall mean the spouse with the lower income.
  (3)  "Length  of  marriage"  shall  mean  the  period from the date of
marriage until the date of commencement of action.
  (4) "Income" shall mean[:
  (a)] income as defined in the child support standards act and codified
in section two hundred forty of this article and  section  four  hundred
thirteen of the family court act[; and
  (b)  income  from income producing property to be distributed pursuant
to subdivision five of this part].

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09639-09-3

Co-Sponsors

Multi-Sponsors

A6728B (ACTIVE) - Details

Current Committee:
Law Section:
Domestic Relations Law
Laws Affected:
Amd §236, rpld §248, Dom Rel L; amd §412, Fam Ct Act

A6728B (ACTIVE) - Summary

Relates to modification of temporary maintenance awards and maintenance obligations.

A6728B (ACTIVE) - Bill Text download pdf

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

                                 6728--B

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             April 17, 2013
                               ___________

Introduced by M. of A. PAULIN, SEPULVEDA, ROBERTS, JAFFEE -- Multi-Spon-
  sored  by  --  M.   of A. GIBSON, GOTTFRIED, PERRY, WEISENBERG -- read
  once  and  referred  to  the  Committee  on  Judiciary  --   committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee -- reported and referred to the Committee on Codes
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and recommitted to said committee

AN  ACT to amend the domestic relations law and the family court act, in
  relation to modifications of temporary maintenance awards and  mainte-
  nance obligations; and repealing section 248 of the domestic relations
  law, relating thereto

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

  Section 1. 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:
  5-a. Temporary maintenance awards. a. Except where  the  parties  have
entered  into  an  agreement  pursuant to subdivision three of this part
providing for maintenance, in any matrimonial  action  the  court  shall
make  its  award for temporary maintenance pursuant to the provisions of
this subdivision.
  b. For purposes of this subdivision, the following  definitions  shall
be used:
  (1) "Payor" shall mean the spouse with the higher income.
  (2) "Payee" shall mean the spouse with the lower income.
  (3)  "Length  of  marriage"  shall  mean  the  period from the date of
marriage until the date of commencement of action.
  (4) "Income" shall mean[:
  (a)] income as defined in the child support standards act and codified
in section two hundred forty of this article and  section  four  hundred
thirteen of the family court act[; and

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09639-11-3

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