Senate Bill S2938

2013-2014 Legislative Session

Authorizes a court to order an obligor spouse to purchase or maintain disabilty insurance to ensure continued payment of court ordered support

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Archive: Last Bill Status - In Senate Committee Judiciary 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

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2014	referred to judiciary
Jan 25, 2013	referred to judiciary

2013-S2938 (ACTIVE) - Details

Current Committee:: Senate Judiciary
Law Section:: Family Court Act
Laws Affected:: Amd §416, Fam Ct Act; amd §236, Dom Rel L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S7008
2011-2012: S1922
2015-2016: S823
2017-2018: S2272

2013-S2938 (ACTIVE) - Summary

Authorizes a court to order an obligor spouse to purchase or maintain disability insurance to ensure continued payment of court ordered support.

2013-S2938 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2938

TITLE OF BILL:  An act to amend the family court act and the domestic
relations law, in relation to the purchase or maintenance of a policy of
disability insurance

PURPOSE:  Authorizes a court to order an obligor spouse to purchase or
maintain disability insurance to ensure continued payment of court
ordered support.

SUMMARY OF PROVISIONS:

Section 1. Amends subdivision (b) of section 416 of the Family Court
Act, to add disability provisions as elements of support. Under this
subdivision, a court will now be allowed to order an obligor party to
purchase or maintain a policy of disability insurance as a means of
ensuring continued support by an obligor party during a period of time
fixed by the court.

Section 2. Amends paragraph a of subdivision 8 of part B of section 236
of the Domestic Relations Law permitting the court to order, in any
matrimonial action, an obligor party to purchase or maintain a policy of
disability insurance as a means of ensuring continued support by an
obligor party during a period of time fixed by the court.

EXISTING LAW:  Currently, under Domestic Relations Law section 236 a

family court judge may order, in his discretion, an obligor spouse to
obtain a life insurance policy for his spouse or child.

JUSTIFICATION:  According to the latest statistics, in 2007, approxi-
mately 54,679 divorces were legalized in New York State. When an obligor
spouse becomes disabled, the possibility for economic hardship on both a
beneficiary spouse, and in particular, dependent children, is signif-
icant. This bill will provide more discretion to judges in matrimonial
actions so that they may order a person to obtain disability insurance
to preserve family stability and economic protection. Such court orders
ensure that contracts of support made between obligor spouses and their
beneficiaries are honored despite disability. Without this provision,
obligor spouses have the opportunity to avoid payment of spousal support
by declaring disability. This bill will prevent delinquent and fraudu-
lent cases from becoming exempt under law, and also honor obligations
made to family units upon divorce.

LEGISLATIVE HISTORY:  2012: S.1922 Passed Senate 2011: S.1922 Passed
Senate 2010: S.7008 died in Senate Judiciary

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:  This act shall take effect on the first of January next
succeeding the date on which it shall have become a law.

2013-S2938 (ACTIVE) - Bill Text download pdf

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

                                  2938

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 25, 2013
                               ___________

Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Judiciary

AN ACT to amend the family court act and the domestic relations law,  in
  relation  to  the  purchase  or  maintenance of a policy of disability
  insurance

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

  Section  1. The section heading and subdivision  (b) of section 416 of
the family court act, as amended by chapter 624 of the laws of 2002, are
amended to read as follows:
  Elements of support; provisions for  accident,  life,  DISABILITY  and
health insurance benefits.
  (b)  The court may also order a party to purchase, maintain, or assign
a policy of accident insurance or insurance on the life of either  party
and  designate  in  the case of life insurance, the person or persons on
whose behalf the petition is brought or in the case of  accident  insur-
ance,  the insured party as irrevocable beneficiaries during a period of
time fixed by the court. IN ADDITION, THE COURT MAY ALSO ORDER AN  OBLI-
GOR  PARTY TO PURCHASE OR MAINTAIN A POLICY OF DISABILITY INSURANCE AS A
MEANS OF ENSURING CONTINUED SUPPORT BY AN OBLIGOR PARTY DURING A  PERIOD
OF  TIME  FIXED  BY  THE COURT. The obligation to provide such insurance
shall cease upon  the  termination  of  such  party's  duty  to  provide
support.
  S  2.  Paragraph  a  of  subdivision 8 of part B of section 236 of the
domestic relations law, as amended by chapter 275 of the laws  of  1999,
is amended to read as follows:
  a.  In any matrimonial action the court may order a party to purchase,
maintain or assign a policy of insurance providing benefits  for  health
and  hospital care and related services for either spouse or children of
the marriage not to exceed such period of time as such  party  shall  be
obligated  to  provide  maintenance, child support or make payments of a

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02580-01-3

S. 2938                             2

distributive award. The court may also order a party to purchase,  main-
tain  or  assign a policy of accident insurance or insurance on the life
of either spouse, and to designate in the case of life insurance, either
spouse  or  children  of the marriage, or in the case of accident insur-
ance, the insured spouse as irrevocable beneficiaries during a period of
time fixed by the court.  IN ADDITION, THE COURT MAY ALSO ORDER AN OBLI-
GOR PARTY TO PURCHASE OR MAINTAIN A POLICY OF DISABILITY INSURANCE AS  A
MEANS  OF ENSURING CONTINUED SUPPORT BY AN OBLIGOR PARTY DURING A PERIOD
OF TIME FIXED BY THE COURT. The obligation  to  provide  such  insurance
shall cease upon the termination of the spouse's duty to provide mainte-
nance, child support or a distributive award. A copy of such order shall
be  served, by registered mail, on the home office of the insurer speci-
fying the name and mailing address of the spouse or  children,  provided
that  failure  to  so serve the insurer shall not affect the validity of
the order.
  S 3. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law.

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Senate Bill S2938

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Archive: Last Bill Status - In Senate Committee Judiciary Committee

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2013-S2938 (ACTIVE) - Details

2013-S2938 (ACTIVE) - Summary

2013-S2938 (ACTIVE) - Sponsor Memo

2013-S2938 (ACTIVE) - Bill Text download pdf

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Sponsored By

Kemp Hannon

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Actions

2013-S2938 (ACTIVE) - Details

2013-S2938 (ACTIVE) - Summary

2013-S2938 (ACTIVE) - Sponsor Memo

2013-S2938 (ACTIVE) - Bill Text download pdf

Comments