Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Apr 13, 2018 |
print number 4569a |
Apr 13, 2018 |
amend and recommit to judiciary |
Jan 03, 2018 |
referred to judiciary |
Feb 17, 2017 |
referred to judiciary |
Senate Bill S4569
2017-2018 Legislative Session
Sponsored By
(D, IP) Senate District
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
Actions
Bill Amendments
2017-S4569 - Details
- See Assembly Version of this Bill:
- A6049
- Current Committee:
- Senate Judiciary
- Law Section:
- Family Court Act
- Laws Affected:
- Amd §§412, 828 & 842, Fam Ct Act; amd §236, Dom Rel L
2017-S4569 - Sponsor Memo
BILL NUMBER: S4569 TITLE OF BILL : An act to amend the family court act and the domestic relations law, in relation to orders for temporary spousal support in conjunction with temporary and final orders of protection in family court and calculation of maintenance cap in family and supreme court This is one in a series of measures being introduced at the request of the Chief Administrative Judge upon the recommendation of his Family Court Advisory and Rules Committee. The Family Protection and Domestic Violence Intervention Act of 1994 (L. 1994, c. 222) provided authority for Family Courts, when issuing orders of protection in family offense cases, to issue temporary orders of child support. This has provided a needed life-saver to petitioners in family offense cases at a particularly vulnerable point in their lives, that is, when they are taking steps to escape alleged domestic violence. This provision has proven invaluable in getting the process started quickly with a temporary order in place. Experience during the two decades under the statute has revealed a significant gap - that is, that it does not provide an analogus safety net to married petitioners in family offense proceedings who do not have minor, dependent children. As the Appellate Division, Third Department noted, in Matter of Childers v. Childers, 260 A.D.2d 767
2017-S4569 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4569 2017-2018 Regular Sessions I N S E N A T E February 17, 2017 ___________ Introduced by Sen. SAVINO -- (at request of the Office of Court Adminis- tration) -- 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 orders for temporary spousal support in conjunction with temporary and final orders of protection in family court and calcu- lation of maintenance cap in family and supreme court THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (d) of subdivision 2 of section 412 of the family court act, as amended by chapter 269 of the laws of 2015, is amended to read as follows: (d) "income cap" shall mean up to and including one hundred [seventy- five] SEVENTY-EIGHT thousand dollars of the payor's annual income; provided, however, beginning [January thirty-first] MARCH FIRST, two thousand [sixteen] EIGHTEEN and every two years thereafter, the income cap amount shall increase by the sum of the average annual percentage changes in the consumer price index for all urban consumers (CPI-U) as published by the United States department of labor bureau of labor statistics for the prior two years multiplied by the then income cap and then rounded to the nearest one thousand dollars. The office of court administration shall determine and publish the income cap. § 2. The section heading of section 828 of the family court act, as amended by chapter 222 of the laws of 1994, is amended and a new subdi- vision 5 is added to read as follows: Temporary order of protection; temporary [order] ORDERS for child support AND SPOUSAL MAINTENANCE. 5. NOTWITHSTANDING THE PROVISIONS OF SECTION EIGHT HUNDRED SEVENTEEN OF THIS ARTICLE, WHERE A TEMPORARY ORDER OF SPOUSAL SUPPORT HAS NOT ALREADY BEEN ISSUED, THE COURT MAY, IN ADDITION TO THE ISSUANCE OF A TEMPORARY ORDER OF PROTECTION PURSUANT TO THIS SECTION, ISSUE AN ORDER EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
2017-S4569A (ACTIVE) - Details
- See Assembly Version of this Bill:
- A6049
- Current Committee:
- Senate Judiciary
- Law Section:
- Family Court Act
- Laws Affected:
- Amd §§412, 828 & 842, Fam Ct Act; amd §236, Dom Rel L
2017-S4569A (ACTIVE) - Sponsor Memo
BILL NUMBER: S4569A SPONSOR: SAVINO TITLE OF BILL: An act to amend the family court act and the domestic relations law, in relation to orders for temporary spousal support in conjunction with temporary and final orders of protection in family court and calculation of maintenance cap in family and supreme court This is one in a series of measures being introduced at the request of the Chief Administrative Judge upon the recommendation of his Family Court Advisory and Rules Committee. The Family Protection and Domestic Violence Intervention Act of 1994 (L. 1994, c. 222) provided authority for Family Courts, when issuing orders of protection in family offense cases, to issue temporary orders of child support. This has provided a needed life-saver to petitioners in family offense cases at a particularly vulnerable point in their lives, that is, when they are taking steps to escape alleged domestic violence. This provision has proven invaluable in getting the process started quickly with a temporary order in place.
2017-S4569A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4569--A 2017-2018 Regular Sessions I N S E N A T E February 17, 2017 ___________ Introduced by Sen. SAVINO -- (at request of the Office of Court Adminis- tration) -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary -- recommitted to the Commit- tee on Judiciary in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the family court act and the domestic relations law, in relation to orders for temporary spousal support in conjunction with temporary and final orders of protection in family court and calcu- lation of maintenance cap in family and supreme court THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (d) of subdivision 2 of section 412 of the family court act, as amended by chapter 269 of the laws of 2015, is amended to read as follows: (d) "income cap" shall mean up to and including one hundred [seventy- five] EIGHTY-FOUR thousand dollars of the payor's annual income; provided, however, beginning [January thirty-first] MARCH FIRST, two thousand [sixteen] TWENTY and every two years thereafter, the income cap amount shall increase by the sum of the average annual percentage chang- es in the consumer price index for all urban consumers (CPI-U) as published by the United States department of labor bureau of labor statistics for the prior two years multiplied by the then income cap and then rounded to the nearest one thousand dollars. The office of court administration shall determine and publish the income cap. § 2. The section heading of section 828 of the family court act, as amended by chapter 222 of the laws of 1994, is amended and a new subdi- vision 5 is added to read as follows: Temporary order of protection; temporary [order] ORDERS for child support AND SPOUSAL MAINTENANCE. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06639-02-8
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