S T A T E O F N E W Y O R K
________________________________________________________________________
7675
I N S E N A T E
February 6, 2018
___________
Introduced by Sen. BONACIC -- (at request of the Office of Court Admin-
istration) -- 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 date of adjustment of the spousal maintenance cap
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 added 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. Subparagraph 5 of paragraph (b) of subdivision 5-a of part B of
section 236 of the domestic relations law, as amended by chapter 269 of
the laws of 2015, is amended to read as follows:
(5) "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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14527-01-8
S. 7675 2
§ 3. Subparagraph 4 of paragraph (b) of subdivision 6 of part B of
section 236 of the domestic relations law, as amended by chapter 269 of
the laws of 2015, is amended to read as follows:
(4) "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.
§ 4. This act shall take effect immediately.