senate Bill S6473

2013-2014 Legislative Session

Relates to temporary maintenance awards and maintenance obligations; repealer

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Sponsored By

Archive: Last Bill Status -

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

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view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 28, 2014 referred to judiciary

S6473 - Details

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

S6473 - Summary

Relates to modification of temporary maintenance awards and maintenance obligations.

S6473 - Sponsor Memo

S6473 - Bill Text download pdf

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


                            I N  S E N A T E

                            January 28, 2014

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

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


  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)  "Income  cap" shall mean up to and including [five] THREE 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
price  index  for all urban consumers (CPI-U) as published by the United

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


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