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S08270 Summary:

BILL NOS08270
 
SAME ASSAME AS A08299
 
SPONSORWEBB
 
COSPNSR
 
MLTSPNSR
 
Amd §236, Dom Rel L
 
Sets the effectiveness and duration of automatic orders in matrimonial actions.
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S08270 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8270
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                      May 28, 2025
                                       ___________
 
        Introduced  by  Sen. WEBB -- (at request of the Unified Court System) --
          read twice and ordered printed, and when printed to  be  committed  to
          the Committee on Judiciary
 
        AN  ACT  to  amend  the domestic relations law, in relation to automatic
          orders in matrimonial actions

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  The  opening paragraph of paragraph b of subdivision 2 of
     2  part B of section 236 of the domestic relations law, as added by chapter
     3  72 of the laws of 2009, is amended and a new subparagraph 6 is added  to
     4  read as follows:
     5    With  respect  to  matrimonial  actions which commence on or after the
     6  effective date of this paragraph, the plaintiff shall cause to be served
     7  upon the defendant, simultaneous with the service of the summons, a copy
     8  of the automatic orders set  forth  in  this  paragraph.  The  automatic
     9  orders shall take effect and be binding upon the plaintiff in a matrimo-
    10  nial  action  immediately upon the filing of the summons, or summons and
    11  complaint, and shall be binding upon the defendant immediately upon  the
    12  service  of  the automatic orders with the summons. [The] Each automatic
    13  [orders] order shall remain in full force and effect [during the penden-
    14  cy of the action,] until the judgment  of  divorce  is  entered  or  the
    15  action  is  dismissed,  discontinued  or  stayed,  whichever shall occur
    16  first, unless the order is terminated, modified or  amended  by  further
    17  order  of the court upon motion of either of the parties or upon written
    18  agreement between the parties duly executed and acknowledged. The  auto-
    19  matic orders are as follows:
    20    (6)  If either party receives notice of a tax lien, foreclosure, bank-
    21  ruptcy, or litigation, or the filing of same, or of  the  lifting  of  a
    22  stay in bankruptcy, that could adversely affect the marital estate, that
    23  party  shall,  within ten days after receiving such notice, send written
    24  notice of such event to the other party.
    25    § 2. This act shall take effect on the sixtieth  day  after  it  shall
    26  have become a law.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08998-01-5
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