A05449 Summary:

BILL NO    A05449 

SAME AS    No same as 

SPONSOR    Butler (MS)

COSPNSR    

MLTSPNSR   Arroyo, McKevitt

Amd S236, Dom Rel L

Requires parents to provide certain information as part of a custody and
support agreement for the purpose of permitting a child to apply for financial
aid for post secondary education.
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A05449 Actions:

BILL NO    A05449 

02/27/2013 referred to judiciary
01/08/2014 referred to judiciary
05/28/2014 held for consideration in judiciary
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A05449 Votes:

There are no votes for this bill in this legislative session.
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A05449 Memo:

BILL NUMBER:A5449

TITLE OF BILL:  An act to amend the domestic relations law, in
relation to requiring parents to provide certain information as part
of custody and support agreements

PURPOSE OR GENERAL IDEA OF BILL: This bill will require divorced
parents to disclose financial records to their children who are
applying for financial aid for a post-secondary educational
institution.

SUMMARY OF SPECIFIC PROVISIONS: Section 1 adds to the domestic
relations law a subdivision that requires parents who are in the
process of a divorce to release financial records to their children to
help the financial aid application process for higher-education
institutions. Both parents shall be required to provide any required
financial information and to complete the forms necessary for the
child to apply for financial assistance. Section 2 sets forth the
effective date.

JUSTIFICATION: We had a constituent's child who could not apply for
financial aid because the other parent refused to release certain
financial records. Surprisingly, this is not an uncommon case around
the country. Some parents who are divorced, for whatever reason refuse
to release their financial records to help their child apply for aid
and consequently the young adult cannot receive aid and may not be
able to attend school. This bill requires that a married couple in the
process of a divorce will release financial records to any child under
their support, specifically for a financial aid application for a
post-secondary institution.

PRIOR LEGISLATIVE HISTORY:

A10228 (2005-06)
A6397 (2007-2008)
A4926 - 2009-2010
A4112 ( 2011-2012)

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.
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A05449 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         5449

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                   February 27, 2013
                                      ___________

       Introduced  by  M. of A. BUTLER -- Multi-Sponsored by -- M. of A. ARROYO
         -- read once and referred to the Committee 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:

    1    Section  1.  Subdivision  4  of  part B of section 236 of the domestic
    2  relations law, as separately amended by chapters 884 and 892 of the laws
    3  of 1986, paragraph a as amended by chapter 214 of the laws of  1998,  is
    4  amended to read as follows:
    5    4. Compulsory financial disclosure.  a. In all matrimonial actions and
    6  proceedings  in which alimony, maintenance or support is in issue, there
    7  shall be compulsory disclosure  by  both  parties  of  their  respective
    8  financial  states. No showing of special circumstances shall be required
    9  before such disclosure is ordered. A sworn statement of net worth  shall
   10  be  provided  upon  receipt  of  a notice in writing demanding the same,
   11  within twenty days after the receipt thereof. In the event  said  state-
   12  ment  is  not demanded, it shall be filed with the clerk of the court by
   13  each party, within ten days after joinder of  issue,  in  the  court  in
   14  which  the  proceeding is pending.   As used in this part, the term "net
   15  worth" shall mean the amount by  which  total  assets  including  income
   16  exceed total liabilities including fixed financial obligations. It shall
   17  include all income and assets of whatsoever kind and nature and wherever
   18  situated  and  shall  include  a  list  of all assets transferred in any
   19  manner during the preceding three years, or the length of the  marriage,
   20  whichever  is  shorter;  provided, however that transfers in the routine
   21  course of business which resulted in an exchange of assets  of  substan-
   22  tially  equivalent  value  need not be specifically disclosed where such
   23  assets are otherwise identified in the statement of net worth. All  such
   24  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.
                                                                  LBD02535-01-3
       A. 5449                             2

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