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NY A11564
Bill
Status
6/25/2010
Primary Sponsor
Amy Paulin
Click for details
AI Summary
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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.
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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.
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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.
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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.
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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