S1922-2011 - NY Senate Open Legislation - 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.

Sponsor: HANNON / Committee: JUDICIARY
Law Section: Family Court Act / Law: Amd S416, Fam Ct Act; amd S236, Dom Rel L

S1922-2011 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

S1922-2011 Meetings

Judiciary: Mar 20, 2012, Judiciary: May 17, 2011

S1922-2011 Calendars

S1922-2011 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: FLOOR VOTE: - Jun 16, 2011

Ayes (62): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Huntley, Johnson, Kennedy, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin

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

VOTE: FLOOR VOTE: - Apr 25, 2012

Ayes (57): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hassell-Thomps, Huntley, Johnson, Kennedy, Klein, Krueger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Young, Zeldin
Absent (1): Parker
Excused (3): Diaz, Hannon, Valesky

S1922-2011 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.

S1922-2011 Text

 S T A T E   O F   N E W   Y O R K
 
                                          1922
 2011-2012 Regular Sessions
 I N  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
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07099-01-1
        S. 1922                             2
 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.

S1922-2011: Authorizes a court to order an obligor spouse to purchase or maintain disabilty insurance to ensure continued payment of court ordered support