This bill has been amended

Bill S7740-2009

Relates to interim spousal support and post-marital income obligations; repealer

Relates to interim spousal support and post-marital income obligations.

Details

Actions

  • May 25, 2010: ADVANCED TO THIRD READING
  • May 24, 2010: 2ND REPORT CAL.
  • May 18, 2010: 1ST REPORT CAL.575
  • May 5, 2010: REFERRED TO JUDICIARY

Votes

VOTE: COMMITTEE VOTE: - Judiciary - May 18, 2010
Ayes (12): Sampson, Onorato, Schneiderman, Hassell-Thompson, Diaz, Klein, Adams, Espada, Breslin, Dilan, Savino, Perkins
Ayes W/R (5): Saland, LaValle, Bonacic, Lanza, Leibell
Nays (6): Nozzolio, Maziarz, DeFrancisco, Volker, Winner, Ranzenhofer

Memo

 BILL NUMBER:  S7740

TITLE OF BILL : An act to amend the domestic relations law, in relation to interim spousal support and post-marital income obligations; and to repeal certain provisions of such law relating thereto

PURPOSE OR GENERAL IDEA OF BILL : To provide predictability and consistency with regard to calculating interim maintenance (spousal support) and post-marital income obligations.

JUSTIFICATION : A wards of maintenance under existing law differ widely for couples that appear remarkably similar with regard to income and length of the marriage. This lack of consistency and predictability undermines confidence in the judicial system and acts as an impediment to settling cases and encourages costly litigation. By establishing guidelines for both the amount of maintenance to be awarded and the duration of the award, post-marital income guidelines provide the consistency and predictability for spousal support that the Child Support Standards Act has provided for child support.

Most families do not have substantial assets to divide in equitable distribution-the greatest asset of the marriage is often the income of the more monied spouse. The less monied spouse often invests time and energy supporting his or her spouse's career, raising the children, and taking care of the home. Current law fails to provide adequate guidance as to how to divide the asset of future earned income in an equitable manner.

Post-marital income awards are limited to instances where the less monied spouse's (the payee's) income is at most two thirds of the more monied spouse's (the payor's) income. For example, if the payor's annual income is $90,000 a year, in order for the guidelines to result in an award, the payee's annual income would need to be $60,000 or less.

The amount of post-marital income is the lesser figure determined by comparing two equations of the payor and payee's income. For both of these calculations, the payor's income is up to and including $500,000. Any income of the payor's that exceeds $500,000 is not a part of these calculations. The PMI award is determined as follows:

1.30% of the payor's income minus 20% of the payee's income, or

2.40% of the combined income of the two spouses (with the $500,000 cap as the maximum for the payor's income). The payee's income is then subtracted from this figure.

If the payor has an income exceeding $500,000, the judge may choose to adjust the award but is not required to apply any formula to the income above $500,000.

To determine the duration of the award, the court applies a percentage that increases with the length of the marriage to the duration of the marriage.

As with current law, the PMI guidelines permit either party to apply to the court to annul or modify any prior maintenance awards upon a showing of the recipient's inability to be self-supporting or a substantial change in circumstance including financial hardship.

The new post-marital income guidelines present a clear formula for the court to use in making awards; while maintaining judicial discretion to deviate from the guidelines as long as the amount of the unadjusted post-marital income obligation, the factors considered; and the reasons that the court adjusted the post-marital income obligation are set forth in a written order.

New York needs a new approach consistent with Chief Judge Judith Kaye's call in her 2006 State of the Judiciary address for a "cultural revolution" to reduce drastically the time and the costs, both financial and emotional, of matrimonial cases. The post-marital income guidelines will provide more equitable outcomes in maintenance proceedings and streamline divorce proceedings by enabling spouses to settle more easily and avoid debilitating litigation.

FISCAL IMPLICATION : None to the state.

EFFECTIVE DATE : This act shall take effect on the sixtieth day after it shall have become a law and shall apply to any action or proceeding commenced on or after such effective date.

Text

STATE OF NEW YORK ________________________________________________________________________ S. 7740 A. 10984 S E N A T E - A S S E M B L Y May 5, 2010 ___________
IN SENATE -- Introduced by Sen. HASSELL-THOMPSON -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary IN ASSEMBLY -- Introduced by M. of A. PAULIN -- read once and referred to the Committee on Judiciary AN ACT to amend the domestic relations law, in relation to interim spousal support and post-marital income obligations; and to repeal certain provisions of such law relating thereto THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 6 of part B of section 236 of the domestic relations law is REPEALED and a new subdivision 6 is added to read as follows: 6. INTERIM SPOUSAL SUPPORT AND POST-MARITAL INCOME OBLIGATION. A. EXCEPT WHERE THE PARTIES HAVE ENTERED INTO AN AGREEMENT PURSUANT TO SUBDIVISION THREE OF THIS PART PROVIDING FOR ALIMONY, MAINTENANCE OR POST-MARITAL INCOME, IN ANY MATRIMONIAL ACTION THE COURT MAY ORDER INTERIM SPOUSAL SUPPORT IN SUCH AMOUNT AS JUSTICE REQUIRES, HAVING REGARD FOR THE STANDARD OF LIVING OF THE PARTIES ESTABLISHED DURING THE MARRIAGE, WHETHER THE PARTY IN WHOSE FAVOR INTERIM SPOUSAL SUPPORT IS GRANTED LACKS SUFFICIENT PROPERTY AND INCOME TO PROVIDE FOR HIS OR HER REASONABLE NEEDS AND WHETHER THE OTHER PARTY HAS SUFFICIENT PROPERTY OR INCOME TO PROVIDE FOR THE REASONABLE NEEDS OF THE OTHER AND THE CIRCUM- STANCES OF THE CASE AND OF THE RESPECTIVE PARTIES. SUCH ORDER SHALL BE EFFECTIVE AS OF THE DATE OF THE APPLICATION THEREFOR, AND ANY RETROAC- TIVE AMOUNT OF INTERIM SPOUSAL SUPPORT DUE SHALL BE PAID IN ONE SUM OR PERIODIC SUMS, AS THE COURT SHALL DIRECT. B. (1) EXCEPT WHERE THE PARTIES HAVE ENTERED INTO AN AGREEMENT PURSU- ANT TO SUBDIVISION THREE OF THIS PART PROVIDING FOR ALIMONY, MAINTENANCE OR POST-MARITAL INCOME, THE COURT SHALL MAKE ITS AWARD FOR POST-MARITAL INCOME PURSUANT TO THE PROVISIONS OF THIS PARAGRAPH. (2) FOR PURPOSES OF THIS SUBDIVISION, THE FOLLOWING DEFINITIONS SHALL BE USED:
(A) "POST-MARITAL INCOME OBLIGATION" SHALL MEAN THE SUM DERIVED BY ADDING THE AMOUNT DETERMINED BY THE APPLICATION OF SUBPARAGRAPH THREE OF THIS PARAGRAPH FOR THE DURATIONAL PERIOD DETERMINED BY THE APPLICATION OF SUBPARAGRAPH FOUR OF THIS PARAGRAPH. (B) "POST-MARITAL INCOME" SHALL MEAN A SUM TO BE PAID PURSUANT TO A FINAL COURT ORDER OR DECREE DISSOLVING OR ANNULLING A MARRIAGE, DECLAR- ING THE NULLITY OF A MARRIAGE, OR A VALID AGREEMENT, BETWEEN THE PARTIES, BY ONE PARTY TO THE OTHER. (C) "INCOME" SHALL MEAN: (I) ALL FORMS OF INCOME AS DEFINED IN THE CHILD SUPPORT STANDARDS ACT AND CODIFIED IN SECTION TWO HUNDRED FORTY OF THIS ARTICLE AND SECTION FOUR HUNDRED THIRTEEN OF THE FAMILY COURT ACT; (II) INCOME FROM INCOME PRODUCING PROPERTY DISTRIBUTED OR TO BE DISTRIBUTED PURSUANT TO SUBDIVISION FIVE OF THIS PART. (D) "SELF-SUPPORT RESERVE" SHALL MEAN THE SELF-SUPPORT RESERVE AS IS DEFINED IN THE CHILD SUPPORT STANDARDS ACT AND CODIFIED IN SECTION TWO HUNDRED FORTY OF THIS ARTICLE AND SECTION FOUR HUNDRED THIRTEEN OF THE FAMILY COURT ACT. (E) "PAYOR" SHALL MEAN THE SPOUSE WITH THE HIGHER INCOME. (F) "PAYEE" SHALL MEAN THE SPOUSE WITH THE LOWER INCOME. (G) "LENGTH OF MARRIAGE" SHALL MEAN THE PERIOD FROM THE DATE OF MARRIAGE UNTIL THE DATE OF COMMENCEMENT OF ACTION. (3) THE AMOUNT OF THE POST-MARITAL INCOME OBLIGATION FOR ALL PARTIES SHALL BE DETERMINED IN ACCORDANCE WITH THE PROVISIONS OF THIS SUBPARA- GRAPH: (A) WHERE THE PAYOR'S INCOME IS UP TO AND INCLUDING FIVE HUNDRED THOU- SAND DOLLARS: (I) THE COURT SHALL DETERMINE THE INCOME OF EACH PARTY. (II) THE COURT SHALL SUBTRACT TWENTY PERCENT OF THE INCOME OF THE PAYEE FROM THIRTY PERCENT OF THE INCOME UP TO FIVE HUNDRED THOUSAND DOLLARS OF THE PAYOR. (III) THE COURT SHALL THEN MULTIPLY THE SUM OF THE PAYOR'S INCOME UP TO AND INCLUDING FIVE HUNDRED THOUSAND DOLLARS AND ALL OF THE PAYEE'S INCOME BY FORTY PERCENT. (IV) THE COURT SHALL SUBTRACT THE INCOME OF THE PAYEE FROM THE AMOUNT DERIVED FROM SUBCLAUSE (III) OF THIS CLAUSE. (V) THE AMOUNT OF THE POST-MARITAL INCOME OBLIGATION SHALL BE THE LOWER OF THE AMOUNTS DETERMINED BY SUBCLAUSES (II) AND (IV) OF THIS CLAUSE; IF THE AMOUNT DETERMINED BY SUBCLAUSE (IV) OF THIS CLAUSE IS LESS THAN OR EQUAL TO ZERO, THE AMOUNT SHALL BE ZERO DOLLARS. (B) WHERE THE INCOME OF THE PAYOR EXCEEDS FIVE HUNDRED THOUSAND DOLLARS: (I) THE COURT SHALL DETERMINE THE AMOUNT OF POST-MARITAL INCOME OBLI- GATION FOR THAT PORTION OF THE PAYOR'S INCOME THAT IS UP TO AND INCLUD- ING FIVE HUNDRED THOUSAND DOLLARS ACCORDING TO CLAUSE (A) OF THIS SUBPARAGRAPH, AND FOR THE PAYOR'S INCOME IN EXCESS OF FIVE HUNDRED THOU- SAND DOLLARS, THE COURT SHALL DETERMINE ANY ADDITIONAL POST-MARITAL INCOME OBLIGATION THROUGH CONSIDERATION OF THE FOLLOWING FACTORS: (A) THE DURATION OF THE MARRIAGE; (B) THE EXTREME DIFFERENCES IN THE INCOMES OF THE PARTIES; (C) THE STANDARD OF LIVING OF THE PARTIES ESTABLISHED DURING THE MARRIAGE; (D) THE AGE AND HEALTH OF THE PARTIES; (E) THE PRESENT AND FUTURE EARNING CAPACITY OF THE PARTIES; (F) THE NEED OF ONE PARTY TO INCUR EDUCATION OR TRAINING EXPENSES; (G) THE WASTEFUL DISSIPATION OF MARITAL PROPERTY;
(H) THE TRANSFER OR ENCUMBRANCE MADE IN CONTEMPLATION OF A MATRIMONIAL ACTION WITHOUT FAIR CONSIDERATION; (I) THE EXISTENCE AND DURATION OF A PRE-MARITAL JOINT HOUSEHOLD OR A PRE-DIVORCE SEPARATE HOUSEHOLD; (J) ACTS BY ONE PARTY AGAINST ANOTHER THAT CONSTITUTE EGREGIOUS FAULT LIKELY TO SHOCK THE CONSCIENCE; (K) THE AVAILABILITY AND COST OF MEDICAL INSURANCE FOR THE PARTIES; (L) THE CARE OF THE CHILDREN OR STEPCHILDREN, DISABLED ADULT CHILDREN OR STEPCHILDREN, ELDERLY PARENTS OR IN-LAWS THAT HAS INHIBITED OR CONTINUES TO INHIBIT A PARTY'S EARNING CAPACITY; (M) THE INABILITY OF ONE PARTY TO OBTAIN MEANINGFUL EMPLOYMENT DUE TO AGE OR ABSENCE FROM THE WORKFORCE; (N) THE NEED TO PAY FOR EXCEPTIONAL ADDITIONAL EXPENSES FOR THE CHILD/CHILDREN, INCLUDING BUT NOT LIMITED TO, SCHOOLING, DAY CARE AND MEDICAL TREATMENT; (O) THE TAX CONSEQUENCES TO EACH PARTY; (P) THE EQUITABLE DISTRIBUTION OF THE MARITAL PROPERTY; (Q) THE REDUCED OR LOST LIFETIME EARNING CAPACITY OF THE PARTY SEEKING POST-MARITAL INCOME AS A RESULT OF HAVING FOREGONE OR DELAYED EDUCATION, TRAINING, EMPLOYMENT OR CAREER OPPORTUNITIES DURING THE MARRIAGE; (R) THE CONTRIBUTIONS AND SERVICES OF THE PARTY SEEKING POST-MARITAL INCOME AS A SPOUSE, PARENT, WAGE EARNER AND HOMEMAKER AND TO THE CAREER OR CAREER POTENTIAL OF THE OTHER PARTY; (S) ANY OTHER FACTOR WHICH THE COURT SHALL EXPRESSLY FIND TO BE JUST AND PROPER. (II) IN ANY DECISION MADE PURSUANT TO THIS CLAUSE, THE COURT SHALL SET FORTH THE FACTORS IT CONSIDERED AND THE REASONS FOR ITS DECISION. SUCH WRITTEN ORDER MAY NOT BE WAIVED BY EITHER PARTY OR COUNSEL. (C) NOTWITHSTANDING THE PROVISIONS OF THIS SUBPARAGRAPH, AND WHERE THE ANNUAL AMOUNT OF THE POST-MARITAL INCOME OBLIGATION WOULD REDUCE THE PAYOR'S INCOME BELOW THE SELF-SUPPORT RESERVE FOR A SINGLE PERSON, THE PRESUMPTIVE AMOUNT OF POST-MARITAL INCOME SHALL BE THE DIFFERENCE BETWEEN THE PAYOR'S INCOME AND THE SELF-SUPPORT RESERVE. IF THE PAYOR'S INCOME IS BELOW THE SELF-SUPPORT RESERVE, THERE IS A REBUTTABLE PRESUMP- TION THAT NO POST-MARITAL INCOME IS AWARDED. (D) THE AMOUNT OF FIVE HUNDRED THOUSAND DOLLARS MAY INCREASE OR DECREASE ON MARCH FIRST OF EACH YEAR BY ANY CHANGE IN THE COST OF LIVING AS DEFINED IN THE ANNUAL CONSUMER PRICE INDEX-ALL URBAN CONSUMERS, NEW YORK, NEW YORK-NORTHEASTERN NEW JERSEY, AS PUBLISHED BY THE BUREAU OF LABOR STATISTICS OF THE U.S. DEPARTMENT OF LABOR. (4) THE DURATION OF THE POST-MARITAL INCOME OBLIGATION SHALL BE DETER- MINED AS FOLLOWS: (A) THE COURT SHALL DETERMINE THE DURATION OF THE AWARD OF POST-MARI- TAL INCOME IN ACCORDANCE WITH THE FOLLOWING SCHEDULE: LENGTH OF THE MARRIAGE % OF THE LENGTH OF THE MARRIAGE FOR WHICH POST-MARITAL INCOME WILL BE PAYABLE 0 UP TO AND INCLUDING 5 YEARS 30% MORE THAN 5, UP TO AND INCLUDING 7.5 YEARS 40% MORE THAN 7.5, UP TO AND INCLUDING 10 YEARS 50% MORE THAN 10, UP TO AND INCLUDING 12.5 YEARS 60% MORE THAN 12.5, UP TO AND INCLUDING 15 YEARS 70%
MORE THAN 15, UP TO AND INCLUDING 17.5 YEARS 80% MORE THAN 17.5, UP TO AND INCLUDING 20 YEARS 90% MORE THAN 20, UP TO AND INCLUDING 25 YEARS 100% MORE THAN 25 YEARS PERMANENT (B) NOTWITHSTANDING THE PROVISIONS OF CLAUSE (A) OF THIS SUBPARAGRAPH, THE POST-MARITAL INCOME OBLIGATION SHALL TERMINATE UPON THE DEATH OF EITHER PARTY. (5) (A) THE COURT SHALL ORDER THE POST-MARITAL INCOME OBLIGATION IN ACCORDANCE WITH SUBPARAGRAPHS THREE AND FOUR OF THIS PARAGRAPH, UNLESS THE COURT FINDS THAT THE POST-MARITAL INCOME OBLIGATION IS UNJUST OR INAPPROPRIATE AND ADJUSTS THE POST-MARITAL INCOME ACCORDINGLY BASED UPON CONSIDERATION OF THE FOLLOWING FACTORS: (I) THE STANDARD OF LIVING OF THE PARTIES ESTABLISHED DURING THE MARRIAGE; (II) THE AGE AND HEALTH OF THE PARTIES; (III) THE PRESENT AND FUTURE EARNING CAPACITY OF THE PARTIES; (IV) THE NEED OF ONE PARTY TO INCUR EDUCATION OR TRAINING EXPENSES; (V) THE WASTEFUL DISSIPATION OF MARITAL PROPERTY; (VI) THE TRANSFER OR ENCUMBRANCE MADE IN CONTEMPLATION OF A MATRIMONI- AL ACTION WITHOUT FAIR CONSIDERATION; (VII) THE EXISTENCE AND DURATION OF A PRE-MARITAL JOINT HOUSEHOLD OR A PRE-DIVORCE SEPARATE HOUSEHOLD; (VIII) ACTS BY ONE PARTY AGAINST ANOTHER THAT CONSTITUTE EGREGIOUS FAULT LIKELY TO SHOCK THE CONSCIENCE; (IX) THE AVAILABILITY AND COST OF MEDICAL INSURANCE FOR THE PARTIES; (X) THE CARE OF THE CHILDREN OR STEPCHILDREN, DISABLED ADULT CHILDREN OR STEPCHILDREN, ELDERLY PARENTS OR IN-LAWS THAT HAS INHIBITED OR CONTINUES TO INHIBIT A PARTY'S EARNING CAPACITY; (XII) THE INABILITY OF ONE PARTY TO OBTAIN MEANINGFUL EMPLOYMENT DUE TO AGE OR ABSENCE FROM THE WORKFORCE; (XIII) THE NEED TO PAY FOR EXCEPTIONAL ADDITIONAL EXPENSES FOR THE CHILD/CHILDREN, INCLUDING BUT NOT LIMITED TO, SCHOOLING, DAY CARE AND MEDICAL TREATMENT; (XIV) THE TAX CONSEQUENCES TO EACH PARTY; (XV) THE EQUITABLE DISTRIBUTION OF THE MARITAL PROPERTY; (XVI) THE REDUCED OR LOST LIFETIME EARNING CAPACITY OF THE PARTY SEEK- ING POST-MARITAL INCOME AS A RESULT OF HAVING FOREGONE OR DELAYED EDUCA- TION, TRAINING, EMPLOYMENT OR CAREER OPPORTUNITIES DURING THE MARRIAGE; (XVII) THE CONTRIBUTIONS AND SERVICES OF THE PARTY SEEKING POST-MARI- TAL INCOME AS A SPOUSE, PARENT, WAGE EARNER AND HOMEMAKER AND TO THE CAREER OR CAREER POTENTIAL OF THE OTHER PARTY; (XVIII) ANY OTHER FACTOR WHICH THE COURT SHALL EXPRESSLY FIND TO BE JUST AND PROPER. (B) WHERE THE COURT FINDS THAT THE POST-MARITAL INCOME OBLIGATION IS UNJUST OR INAPPROPRIATE AND THE COURT ADJUSTS THE POST-MARITAL INCOME OBLIGATION PURSUANT TO THIS SUBDIVISION, THE COURT SHALL SET FORTH, IN A WRITTEN ORDER, THE AMOUNT OF THE UNADJUSTED POST-MARITAL INCOME OBLI- GATION, THE FACTORS IT CONSIDERED, AND THE REASONS THAT THE COURT ADJUSTED THE POST-MARITAL INCOME OBLIGATION. SUCH WRITTEN ORDER SHALL NOT BE WAIVED BY EITHER PARTY OR COUNSEL. (C) WHERE EITHER OR BOTH PARTIES ARE UNREPRESENTED, THE COURT SHALL NOT ENTER A POST-MARITAL INCOME OBLIGATION ORDER OR JUDGMENT UNLESS THE
UNREPRESENTED PARTY OR PARTIES HAVE BEEN INFORMED OF THE PRESUMPTIVE AMOUNT OF SUCH POST-MARITAL INCOME OBLIGATION. (6) A VALIDLY EXECUTED AGREEMENT OR STIPULATION VOLUNTARILY ENTERED INTO BETWEEN THE PARTIES AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION PRESENTED TO THE COURT FOR INCORPORATION IN AN ORDER OR JUDGMENT SHALL INCLUDE A PROVISION STATING THAT THE PARTIES HAVE BEEN ADVISED OF THE PROVISIONS OF THIS SUBDIVISION, AND THAT THE POST-MARITAL INCOME PROVIDED FOR THEREIN WOULD PRESUMPTIVELY RESULT IN THE CORRECT AMOUNT OF POST-MARITAL INCOME. IN THE EVENT THAT SUCH AGREEMENT OR STIPULATION DEVIATES FROM THE POST-MARITAL INCOME OBLIGATION, THE AGREEMENT OR STIP- ULATION MUST SPECIFY THE AMOUNT THAT SUCH POST-MARITAL INCOME OBLIGATION WOULD HAVE BEEN AND THE REASON OR REASONS THAT SUCH AGREEMENT OR STIPU- LATION DOES NOT PROVIDE FOR PAYMENT OF THAT AMOUNT. SUCH PROVISION MAY NOT BE WAIVED BY EITHER PARTY OR COUNSEL. NOTHING CONTAINED IN THIS SUBDIVISION SHALL BE CONSTRUED TO ALTER THE RIGHTS OF THE PARTIES TO VOLUNTARILY ENTER INTO VALIDLY EXECUTED AGREEMENTS OR STIPULATIONS WHICH DEVIATE FROM THE POST-MARITAL INCOME OBLIGATION PROVIDED SUCH AGREEMENTS OR STIPULATIONS COMPLY WITH THE PROVISIONS OF THIS PARAGRAPH. THE COURT SHALL, HOWEVER, RETAIN DISCRETION WITH RESPECT TO POST-MARITAL INCOME PURSUANT TO THIS SECTION. ANY COURT ORDER OR JUDGMENT INCORPORATING A VALIDLY EXECUTED AGREEMENT OR STIPULATION WHICH DEVIATES FROM THE POST- MARITAL INCOME OBLIGATION SHALL SET FORTH THE COURT'S REASONS FOR SUCH DEVIATION. (7) IN ADDITION TO FINANCIAL DISCLOSURE REQUIRED IN THIS SECTION, THE COURT MAY REQUIRE THAT THE INCOME AND/OR EXPENSES OF EITHER PARTY BE VERIFIED WITH DOCUMENTATION INCLUDING, BUT NOT LIMITED TO, PAST AND PRESENT INCOME TAX RETURNS, EMPLOYER STATEMENTS, PAY STUBS, CORPORATE, BUSINESS, OR PARTNERSHIP BOOKS AND RECORDS, CORPORATE AND BUSINESS TAX RETURNS, AND RECEIPTS FOR EXPENSES OR SUCH OTHER MEANS OF VERIFICATION AS THE COURT DETERMINES APPROPRIATE. NOTHING HEREIN SHALL AFFECT ANY PARTY'S RIGHT TO PURSUE DISCOVERY PURSUANT TO THIS CHAPTER OR THE CIVIL PRACTICE LAW AND RULES. (8) WHEN A PARTY HAS DEFAULTED AND/OR THE COURT IS OTHERWISE PRESENTED WITH INSUFFICIENT EVIDENCE TO DETERMINE GROSS INCOME, THE COURT SHALL ORDER THE POST-MARITAL INCOME OBLIGATION BASED UPON THE NEEDS OF THE PAYEE OR THE STANDARD OF LIVING OF THE PARTIES PRIOR TO COMMENCEMENT OF THE DIVORCE ACTION, WHICHEVER IS GREATER. SUCH ORDER MAY BE RETROACTIVE- LY MODIFIED UPWARD WITHOUT A SHOWING OF CHANGE IN CIRCUMSTANCES UPON A SHOWING OF NEWLY DISCOVERED OR OBTAINED EVIDENCE. (9) POST-MARITAL INCOME MAY BE MODIFIED PURSUANT TO PARAGRAPH B OF SUBDIVISION NINE OF THIS SECTION. (10) IN ANY ACTION OR PROCEEDING FOR MODIFICATION OF AN ORDER OF MAIN- TENANCE OR ALIMONY EXISTING PRIOR TO THE EFFECTIVE DATE OF THIS PARA- GRAPH, BROUGHT PURSUANT TO THIS ARTICLE, THE POST-MARITAL INCOME STAND- ARDS SET FORTH IN THIS SUBDIVISION SHALL NOT CONSTITUTE A CHANGE OF CIRCUMSTANCES WARRANTING MODIFICATION OF SUCH SUPPORT ORDER. S 2. This act shall take effect on the sixtieth day after it shall have become a law.

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