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NY A10984

Bill

Status

Passed

8/13/2010

Primary Sponsor

Sandra Galef

Click for details

Origin

Assembly

2009-2010 General Assembly

AI Summary

  • Creates new guidelines for temporary maintenance awards in matrimonial actions, replacing discretionary awards with a formula-based approach capped at $500,000 annual income (adjusted biennially for inflation).

  • Establishes calculation methods: 30% of payor's income minus 20% of payee's income, or 40% of combined income minus payee's income, whichever is lower; courts may deviate for income above the cap based on 19 enumerated factors including length of marriage, standard of living, and domestic violence.

  • Requires courts to issue written orders explaining any deviation from presumptive awards and mandates that parties be informed of the presumptive award amount; agreements deviating from guidelines must specify the presumptive amount and reasons for deviation.

  • Revises post-divorce maintenance factors to include education/training needs, pre-marital/separate household duration, domestic violence, inability to obtain employment due to age or workforce absence, and exceptional child expenses.

  • Directs the Law Revision Commission to study economic consequences of divorce and maintenance laws' effectiveness, with preliminary report due within nine months and final report by December 31, 2011.

Legislative Description

Establishes the provision of temporary maintenance in matrimonial actions; directs the law revision commission to study the effects of divorce and maintenance.

Last Action

signed chap.371

8/13/2010

Committee Referrals

Rules6/30/2010
Codes6/28/2010
Judiciary5/5/2010

Full Bill Text

No bill text available