Bill S1922-2011

Authorizes a court to order an obligor spouse to purchase or maintain disabilty insurance to ensure continued payment of court ordered support

Authorizes a court to order an obligor spouse to purchase or maintain disability insurance to ensure continued payment of court ordered support.

Details

Actions

  • Apr 25, 2012: referred to judiciary
  • Apr 25, 2012: DELIVERED TO ASSEMBLY
  • Apr 25, 2012: PASSED SENATE
  • Mar 22, 2012: ADVANCED TO THIRD READING
  • Mar 21, 2012: 2ND REPORT CAL.
  • Mar 20, 2012: 1ST REPORT CAL.391
  • Jan 4, 2012: REFERRED TO JUDICIARY
  • Jan 4, 2012: returned to senate
  • Jan 4, 2012: died in assembly
  • Jun 16, 2011: referred to judiciary
  • Jun 16, 2011: DELIVERED TO ASSEMBLY
  • Jun 16, 2011: PASSED SENATE
  • May 23, 2011: ADVANCED TO THIRD READING
  • May 18, 2011: 2ND REPORT CAL.
  • May 17, 2011: 1ST REPORT CAL.736
  • Jan 14, 2011: REFERRED TO JUDICIARY

Votes

VOTE: COMMITTEE VOTE: - Judiciary - May 17, 2011
Ayes (17): DeFrancisco, Flanagan, Fuschillo, Lanza, Little, Nozzolio, O'Mara, Zeldin, Hassell-Thompson, Breslin, Dilan, Espaillat, Gianaris, Perkins, Serrano, Squadron, Stavisky
Ayes W/R (6): Bonacic, LaValle, Ranzenhofer, Saland, Adams, Krueger
VOTE: COMMITTEE VOTE: - Judiciary - Mar 20, 2012
Ayes (21): Bonacic, DeFrancisco, Flanagan, Fuschillo, Lanza, LaValle, Little, Nozzolio, O'Mara, Ranzenhofer, Zeldin, Hassell-Thompson, Breslin, Dilan, Espaillat, Gianaris, Krueger, Perkins, Serrano, Squadron, Stavisky
Ayes W/R (1): Saland
Absent (1): Adams

Memo

BILL NUMBER:S1922

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 insurance 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 beneficiary 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 beneficiaries 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 fraudulent cases from becoming exempt under law, and also honor obligations made to family units upon divorce.

LEGISLATIVE HISTORY: S.7008 of 2010

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 1922 2011-2012 Regular Sessions IN SENATE January 14, 2011 ___________
Introduced by Sen. HANNON -- 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 purchase or maintenance of a policy of disability insurance THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The section heading and subdivision (b) of section 416 of the family court act, as amended by chapter 624 of the laws of 2002, are amended to read as follows: Elements of support; provisions for accident, life, DISABILITY and health insurance benefits. (b) The court may also order a party to purchase, maintain, or assign a policy of accident insurance or insurance on the life of either party and designate in the case of life insurance, the person or persons on whose behalf the petition is brought or in the case of accident insur- ance, the insured party as irrevocable beneficiaries during a period of time fixed by the court. IN ADDITION, THE COURT MAY ALSO ORDER AN OBLI- GOR 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. The obligation to provide such insurance shall cease upon the termination of such party's duty to provide support. S 2. Paragraph a of subdivision 8 of part B of section 236 of the domestic relations law, as amended by chapter 275 of the laws of 1999, is amended to read as follows: a. In any matrimonial action the court may order a party to purchase, maintain or assign a policy of insurance providing benefits for health and hospital care and related services for either spouse or children of the marriage not to exceed such period of time as such party shall be obligated to provide maintenance, child support or make payments of a
distributive award. The court may also order a party to purchase, main- tain or assign a policy of accident insurance or insurance on the life of either spouse, and to designate in the case of life insurance, either spouse or children of the marriage, or in the case of accident insur- ance, the insured spouse as irrevocable beneficiaries during a period of time fixed by the court. IN ADDITION, THE COURT MAY ALSO ORDER AN OBLI- GOR 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. The obligation to provide such insurance shall cease upon the termination of the spouse's duty to provide mainte- nance, child support or a distributive award. A copy of such order shall be served, by registered mail, on the home office of the insurer speci- fying the name and mailing address of the spouse or children, provided that failure to so serve the insurer shall not affect the validity of the order. S 3. This act shall take effect on the first of January next succeed- ing the date on which it shall have become a law.

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