What's happening
This bill raises the income cap for spousal maintenance calculations from $175,000 to $184,000 and updates the adjustment schedule.
Why it matters
Raises the threshold for calculating spousal maintenance. , potentially allowing courts to consider a higher portion of a payor's income when determining support obligations, which may lead to larger payments for recipients and higher liabilities for payors.
Changes the schedule for updating the income cap. from every two years on January 31st (starting 2016) to every two years on March 1st (starting 2020), aligning the adjustment process with more recent economic data and possibly making the system more responsive to inflation.
Links future increases in the income cap to changes in the Consumer Price Index (CPI-U). , helping ensure that spousal maintenance calculations remain relevant to current economic realities and cost of living changes, potentially protecting both payors and recipients from outdated thresholds.
Directs the Office of Court Administration to determine and publish the updated cap. , promoting transparency and making it easier for affected individuals and attorneys to access the most current information for maintenance calculations.
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Who cares
Headline styles
Raise Spousal Support Cap
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Substituted by S5515
- Advanced to third reading cal.446
- Reported
- 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.
Raise Spousal Support Cap
Signed by Governor · Sponsor Velmanette Montgomery
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7518
2019-2020 Regular Sessions
IN ASSEMBLY
May 8, 2019
Introduced by M. of A. JOYNER, DINOWITZ -- (at request of the Office of Court Administration) -- read once and referred 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 and amount of the spousal maintenance cap
The People of the State of New York, represented in Senate and Assembly, 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 [seventyfive] 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 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. 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 [seventyfive] 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 changes in the consumer price index for all urban consumers (CPI-U) as published by the United States department of labor bureau of labor
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09984-01-9
A. 7518 2
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.
§ 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 [seventyfive] 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 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.
§ 4. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.