S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4866
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 5, 2019
                                ___________
 
 Introduced  by M. of A. SMULLEN -- read once and referred to the Commit-
   tee on Judiciary
 
 AN ACT to amend the domestic relations law,  in  relation  to  requiring
   parents  to provide certain information as part of custody and support
   agreements
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  4  of  part B of section 236 of the domestic
 relations law, as separately amended by chapters 884 and 892 of the laws
 of 1986, paragraph a as amended by chapter 214 of the laws of  1998,  is
 amended to read as follows:
   4. Compulsory financial disclosure.  a. In all matrimonial actions and
 proceedings  in which alimony, maintenance or support is in issue, there
 shall be compulsory disclosure  by  both  parties  of  their  respective
 financial  states. No showing of special circumstances shall be required
 before such disclosure is ordered. A sworn statement of net worth  shall
 be  provided  upon  receipt  of  a notice in writing demanding the same,
 within twenty days after the receipt thereof. In the event  said  state-
 ment  is  not demanded, it shall be filed with the clerk of the court by
 each party, within ten days after joinder of  issue,  in  the  court  in
 which  the  proceeding is pending.   As used in this part, the term "net
 worth" shall mean the amount by  which  total  assets  including  income
 exceed total liabilities including fixed financial obligations. It shall
 include all income and assets of whatsoever kind and nature and wherever
 situated  and  shall  include  a  list  of all assets transferred in any
 manner during the preceding three years, or the length of the  marriage,
 whichever  is  shorter;  provided, however that transfers in the routine
 course of business which resulted in an exchange of assets  of  substan-
 tially  equivalent  value  need not be specifically disclosed where such
 assets are otherwise identified in the statement of net worth. All  such
 sworn  statements  of  net  worth  shall be accompanied by a current and

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08710-01-9

 A. 4866                             2
 
 representative paycheck stub and  the  most  recently  filed  state  and
 federal  income  tax returns including a copy of the W-2(s) wage and tax
 statement(s) submitted with the returns. In addition, both parties shall
 provide information relating to any and all group health plans available
 to them for the provision of care or other medical benefits by insurance
 or  otherwise  for the benefit of the child or children for whom support
 is sought, including all such information  as  may  be  required  to  be
 included  in  a  qualified  medical  child  support  order as defined in
 section six hundred nine of the employee retirement income security  act
 of  1974  (29 USC 1169) including, but not limited to:  (i) the name and
 last known mailing address of each party and of  each  dependent  to  be
 covered  by the order; (ii) the identification and a description of each
 group health plan available for the benefit or coverage of the  disclos-
 ing  party and the child or children for whom support is sought; (iii) a
 detailed description of the type of coverage available from  each  group
 health  plan  for the potential benefit of each such dependent; (iv) the
 identification of the plan administrator for each such group health plan
 and the address of such administrator; (v)  the  identification  numbers
 for  each such group health plan; and (vi) such other information as may
 be required by the court. Noncompliance shall be punishable  by  any  or
 all of the penalties prescribed in section thirty-one hundred twenty-six
 of  the  civil  practice  law and rules, in examination before or during
 trial.  FINANCIAL INFORMATION REQUIRED TO BE DISCLOSED PURSUANT TO  THIS
 SUBDIVISION  SHALL  BE  MADE  AVAILABLE TO ANY CHILD FOR WHOM SUPPORT IS
 BEING PAID BY EITHER PARENT, FOR THE PURPOSE OF PERMITTING SUCH CHILD TO
 FILE FOR STUDENT FINANCIAL AID FOR ATTENDANCE AT A POST-SECONDARY EDUCA-
 TIONAL INSTITUTION.   BOTH PARENTS SHALL  BE  REQUIRED  TO  PROVIDE  ANY
 REQUIRED  FINANCIAL  INFORMATION AND TO COMPLETE ANY FORMS NECESSARY FOR
 THE CHILD TO APPLY FOR FINANCIAL  ASSISTANCE  FOR  SUCH  PURPOSE.    THE
 PROVISIONS  OF THIS PARAGRAPH SHALL NOT IMPOSE A REQUIREMENT THAT EITHER
 OF BOTH PARENTS CONTRIBUTE TO THE  COSTS  OF  POST  SECONDARY  EDUCATION
 EXCEPT  AS OTHERWISE PROVIDED IN A CUSTODY OR SUPPORT AGREEMENT EXECUTED
 OR ORDERED UNDER THE PROVISIONS OF THIS CHAPTER.
   b. As  soon  as  practicable  after  a  matrimonial  action  has  been
 commenced,  the  court shall set the date or dates the parties shall use
 for the valuation of each asset. The valuation  date  or  dates  may  be
 anytime  from  the  date  of  commencement  of the action to the date of
 trial.
   § 2. This act shall take effect immediately.