senate Bill S7266A

2013-2014 Legislative Session

Provides for the duration and amount payable for temporary and post-divorce maintenance, and spousal support

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Sponsored By

Archive: Last Bill Status - In Senate Committee


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

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Actions

view actions (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 20, 2014 committed to rules
Jun 16, 2014 amended on third reading 7266a
May 19, 2014 advanced to third reading
May 14, 2014 2nd report cal.
May 13, 2014 1st report cal.670
May 08, 2014 referred to judiciary

Votes

view votes

May 13, 2014 - Judiciary committee Vote

S7266
16
0
committee
16
Aye
0
Nay
6
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show committee vote details

Co-Sponsors

S7266 - Details

See Assembly Version of this Bill:
A9606A
Law Section:
Domestic Relations Law
Laws Affected:
Amd §§236 & 248, Dom Rel L; amd §412, Fam Ct Act

S7266 - Summary

Provides for the duration and amount payable for temporary and post-divorce maintenance, and spousal support.

S7266 - Sponsor Memo

S7266 - Bill Text download pdf

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

                                  7266

                            I N  S E N A T E

                               May 8, 2014
                               ___________

Introduced  by Sens. BONACIC, HASSELL-THOMPSON -- read twice and ordered
  printed, and when printed to be committed to the Committee on  Judici-
  ary

AN  ACT to amend the domestic relations law, in relation to the duration
  and amount of maintenance; and to  amend  the  family  court  act,  in
  relation to spousal support

  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) "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] SIXTEEN and every two
years thereafter, the [payor's annual] income CAP amount shall  increase
by  the  [product]  SUM  of the average annual percentage changes in the
consumer price index for all urban consumers (CPI-U) as published by the

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

Co-Sponsors

S7266A (ACTIVE) - Details

See Assembly Version of this Bill:
A9606A
Law Section:
Domestic Relations Law
Laws Affected:
Amd §§236 & 248, Dom Rel L; amd §412, Fam Ct Act

S7266A (ACTIVE) - Summary

Provides for the duration and amount payable for temporary and post-divorce maintenance, and spousal support.

S7266A (ACTIVE) - Sponsor Memo

S7266A (ACTIVE) - Bill Text download pdf

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

                                 7266--A
    Cal. No. 670

                            I N  S E N A T E

                               May 8, 2014
                               ___________

Introduced  by  Sens.  BONACIC, HASSELL-THOMPSON, PARKER, SAVINO -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee  on  Judiciary  --  reported  favorably from said committee,
  ordered to first and  second  report,  ordered  to  a  third  reading,
  amended  and  ordered  reprinted,  retaining its place in the order of
  third reading

AN ACT to amend the domestic relations law, in relation to the  duration
  and  amount  of  maintenance;  and  to  amend the family court act, in
  relation to spousal support

  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)  "Income  cap"  shall  mean up to and including [five] TWO hundred
thousand dollars of the payor's annual income; provided, however, begin-
ning January thirty-first, two thousand [twelve] SIXTEEN and  every  two

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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