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NY A11564

Bill

Status

Introduced

6/25/2010

Primary Sponsor

Amy Paulin

Click for details

Origin

Assembly

2009-2010 General Assembly

AI Summary

  • Establishes guideline-based temporary maintenance awards in matrimonial actions calculated as 30% of payor's income (up to $500,000 cap) minus 20% of payee's income, or 40% of combined income minus payee's income, whichever is lower.

  • Income cap of $500,000 adjusts annually beginning January 31, 2012, and every two years thereafter based on Consumer Price Index changes, rounded to nearest $1,000.

  • For payor income exceeding the cap, courts consider 19 enumerated factors including length of marriage, standard of living, earning capacity, domestic violence acts, childcare responsibilities, and education/training needs to determine additional maintenance.

  • Requires written court orders specifying presumptive award amount and adjustment factors; mandates agreements deviating from presumptive awards state the guideline amount and reasons for deviation; protects unrepresented parties by requiring disclosure of presumptive award before court orders.

  • Directs Law Revision Commission to study economic consequences of divorce and maintenance laws, report preliminary findings within nine months and final recommendations 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

amend by restoring to original print 11564

6/28/2010

Committee Referrals

Codes6/28/2010
Judiciary6/25/2010

Full Bill Text

No bill text available