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A07637 Summary:

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A07637 Committee Votes:

A07637 Floor Votes:

A07637 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7637
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 20, 2015
                                       ___________
 
        Introduced by M. of A. SEAWRIGHT, WEINSTEIN -- (at request of the Office
          of Court Administration) -- read once and referred to the Committee on
          Judiciary
 
        AN  ACT to amend the family court act and the domestic relations law, in
          relation to spousal maintenance and child support in supreme and fami-
          ly court
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Subclauses (G) and (H) of clause (iii) of subparagraph 5 of
     2  paragraph  (b)  of subdivision 1 of section 413 of the family court act,
     3  as added by chapter 567 of the laws of  1989,  are  amended  and  a  new
     4  subclause (I) is added to read as follows:
     5    (G) fellowships and stipends, [and]
     6    (H) annuity payments[;], and
     7    (I) alimony or maintenance actually paid or to be paid to a spouse who
     8  is  a party to the instant action pursuant to an existing court order or
     9  contained in the order to be entered by the  court,  or  pursuant  to  a
    10  validly  executed  written agreement, in which event the order or agree-
    11  ment shall provide for a specific adjustment, in  accordance  with  this
    12  subdivision, in the amount of child support payable upon the termination
    13  of  alimony  or  maintenance to such spouse; provided, however, that the
    14  specific adjustment in the amount of child support is without  prejudice
    15  to either party's right to seek a modification in accordance with subdi-
    16  vision  three  of section four hundred fifty-one of this article.  In an
    17  action or proceeding to modify an order of child support,  including  an
    18  order  incorporating  without  merging an agreement, issued prior to the
    19  effective date of this subclause, the provisions of this subclause shall
    20  not, by themselves, constitute a  substantial  change  of  circumstances
    21  pursuant  to  paragraph (a) of subdivision three of section four hundred
    22  fifty-one of this article.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09654-03-5
        A. 7637                             2
 
     1    § 2. Subclause (C) of clause (vii) of subparagraph 5 of paragraph  (b)
     2  of  subdivision  1  of  section 413 of the family court act, as added by
     3  chapter 567 of the laws of 1989, is amended to read as follows:
     4    (C)  alimony  or  maintenance  actually paid or to be paid to a spouse
     5  [that] who is a party to the instant  action  pursuant  to  an  existing
     6  court  order  or  contained  in the order to be entered by the court, or
     7  pursuant to a validly executed written agreement,  [provided]  in  which
     8  event  the  order  or  agreement [provides] shall provide for a specific
     9  adjustment, in accordance with this subdivision, in the amount of  child
    10  support  payable  upon the termination of alimony or maintenance to such
    11  spouse[,]; provided, however, that the specific adjustment in the amount
    12  of child support is without prejudice to either party's right to seek  a
    13  modification  in  accordance  with  subdivision  three  of  section four
    14  hundred fifty-one of this article.  In an action or proceeding to modify
    15  an order of child support,  including  an  order  incorporating  without
    16  merging  an  agreement,  issued  prior  to  the  effective  date of this
    17  subclause, the provisions of this subclause shall  not,  by  themselves,
    18  constitute  a  substantial change of circumstances pursuant to paragraph
    19  (a) of subdivision three of section four hundred fifty-one of this arti-
    20  cle.
    21    § 3. Subclauses (G) and (H) of clause (iii) of subparagraph 5 of para-
    22  graph (b) of subdivision 1-b of section 240 of  the  domestic  relations
    23  law,  as added by chapter 567 of the laws of 1989, are amended and a new
    24  subclause (I) is added to read as follows:
    25    (G) fellowships and stipends, [and]
    26    (H) annuity payments[;], and
    27    (I) alimony or maintenance actually paid or to be paid to a spouse who
    28  is a party to the instant action pursuant to an existing court order  or
    29  contained  in  the  order  to  be entered by the court, or pursuant to a
    30  validly executed written agreement, in which event the order  or  agree-
    31  ment  shall  provide  for a specific adjustment, in accordance with this
    32  subdivision, in the amount of child support payable upon the termination
    33  of alimony or maintenance to such spouse; provided,  however,  that  the
    34  specific  adjustment in the amount of child support is without prejudice
    35  to either party's right  to  seek  a  modification  in  accordance  with
    36  subparagraph two of paragraph b of subdivision nine of part B of section
    37  two  hundred  thirty-six of this article.  In an action or proceeding to
    38  modify an order of child support, including an order incorporating with-
    39  out merging an agreement, issued prior to the  effective  date  of  this
    40  subclause,  the  provisions  of this subclause shall not, by themselves,
    41  constitute a substantial change of circumstances pursuant to paragraph b
    42  of subdivision nine of part B of section two hundred thirty-six of  this
    43  article.
    44    §  4. Subclause (C) of clause (vii) of subparagraph 5 of paragraph (b)
    45  of subdivision 1-b of section 240 of  the  domestic  relations  law,  as
    46  added by chapter 567 of the laws of 1989, is amended to read as follows:
    47    (C)  alimony  or  maintenance  actually paid or to be paid to a spouse
    48  [that] who is a party to the instant  action  pursuant  to  an  existing
    49  court  order  or  contained  in the order to be entered by the court, or
    50  pursuant to a validly executed written agreement,  [provided]  in  which
    51  event  the  order  or  agreement [provides] shall provide for a specific
    52  adjustment, in accordance with this subdivision, in the amount of  child
    53  support  payable  upon the termination of alimony or maintenance to such
    54  spouse[,]; provided, however, that the specific adjustment in the amount
    55  of child support is without prejudice to either party's right to seek  a
    56  modification  in  accordance  with  subparagraph  two  of paragraph b of
        A. 7637                             3
 
     1  subdivision nine of part B of section two  hundred  thirty-six  of  this
     2  article.    In  an  action  or  proceeding  to  modify an order of child
     3  support, including an order incorporating without merging an  agreement,
     4  issued  prior to the effective date of this subclause, the provisions of
     5  this subclause shall not, by themselves, constitute a substantial change
     6  of circumstances pursuant to paragraph b of subdivision nine of  part  B
     7  of section two hundred thirty-six of this article.
     8    §  5.  This  act shall take effect on the ninetieth day after it shall
     9  have become a law.