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Sponsors
1 Co-sponsor
History
- Referred to judiciary
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Authorizes a court to order an obligor spouse to purchase or maintain disabilty insurance to ensure continued payment of court ordered support
In Senate Committee · Judiciary · Sponsor Kemp Hannon
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:A10117
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. Per the new subdivision, a court will now be allowed to order an obligor party to purchase or maintain a policy of disability insur- ance 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
Per the latest statistics, in 2007, approximately 54,679 divorces were legalized in New York State. When an obligor spouse becomes disabled, the possibility for economic hardship on both a bene- ficiary spouse, and in particular, dependent children, is significant. 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. It will ensure that contracts of support made between obligor spouses and their benefici- aries are honored despite disability. Without such a provision in law, 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
None.
Fiscal implications
None.
Local 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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.