STATE OF NEW YORK
________________________________________________________________________
7518
2019-2020 Regular Sessions
IN ASSEMBLY
May 8, 2019
___________
Introduced by M. of A. JOYNER, DINOWITZ -- (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 the date of adjustment and amount of the spousal mainte-
nance cap
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (d) of subdivision 2 of section 412 of the family
2 court act, as added by chapter 269 of the laws of 2015, is amended to
3 read as follows:
4 (d) "income cap" shall mean up to and including one hundred [seventy-
5 five] eighty-four thousand dollars of the payor's annual income;
6 provided, however, beginning [January thirty-first] March first, two
7 thousand [sixteen] twenty and every two years thereafter, the income cap
8 amount shall increase by the sum of the average annual percentage chang-
9 es in the consumer price index for all urban consumers (CPI-U) as
10 published by the United States department of labor bureau of labor
11 statistics for the prior two years multiplied by the then income cap and
12 then rounded to the nearest one thousand dollars. The office of court
13 administration shall determine and publish the income cap.
14 § 2. Subparagraph 5 of paragraph b of subdivision 5-a of part B of
15 section 236 of the domestic relations law, as amended by chapter 269 of
16 the laws of 2015, is amended to read as follows:
17 (5) "Income cap" shall mean up to and including one hundred [seventy-
18 five] eighty-four thousand dollars of the payor's annual income;
19 provided, however, beginning [January thirty-first] March first, two
20 thousand [sixteen] twenty and every two years thereafter, the income cap
21 amount shall increase by the sum of the average annual percentage chang-
22 es in the consumer price index for all urban consumers (CPI-U) as
23 published by the United States department of labor bureau of labor
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09984-01-9
A. 7518 2
1 statistics for the prior two years multiplied by the then income cap and
2 then rounded to the nearest one thousand dollars. The office of court
3 administration shall determine and publish the income cap.
4 § 3. Subparagraph 4 of paragraph b of subdivision 6 of part B of
5 section 236 of the domestic relations law, as amended by chapter 269 of
6 the laws of 2015, is amended to read as follows:
7 (4) "Income cap" shall mean up to and including one hundred [seventy-
8 five] eighty-four thousand dollars of the payor's annual income;
9 provided, however, beginning [January thirty-first] March first, two
10 thousand [sixteen] twenty and every two years thereafter, the income cap
11 amount shall increase by the sum of the average annual percentage chang-
12 es in the consumer price index for all urban consumers (CPI-U) as
13 published by the United States department of labor bureau of labor
14 statistics for the prior two years multiplied by the then income cap and
15 then rounded to the nearest one thousand dollars. The office of court
16 administration shall determine and publish the income cap.
17 § 4. This act shall take effect immediately.
