NY State Senate Bill 2009-S7008

Senate Bill S7008

2009-2010 Legislative Session

Authorizes a court to order an obligor spouse to purchase or maintain disabilty insurance to ensure continued payment of court ordered support

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Archive: Last Bill Status - In Senate Committee Judiciary Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 05, 2010	referred to judiciary

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2009-S7008 (ACTIVE) - Details

See Assembly Version of this Bill:: A10117
Current Committee:: Senate Judiciary
Law Section:: Family Court Act
Laws Affected:: Amd §416, Fam Ct Act; amd §236, Dom Rel L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S1922, A7762
2013-2014: S2938
2015-2016: S823
2017-2018: S2272

2009-S7008 (ACTIVE) - Summary

Authorizes a court to order an obligor spouse to purchase or maintain disability insurance to ensure continued payment of court ordered support.

2009-S7008 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7008

 TITLE OF BILL :  An act to amend the family court act and the
domestic relations law, in relation to the purchase or maintenance of
a policy of disability insurance

 PURPOSE :  Authorizes a court to order an obligor spouse to purchase
or maintain disability insurance to ensure continued payment of court
ordered support.

 SUMMARY OF PROVISIONS :  Section 1. Amends subdivision (b) of section
416 of the family court act, to add disability provisions as elements
of support. Per the new subdivision, a court will now be allowed to
order an obligor party to purchase or maintain a policy of disability
insurance as a means of ensuring continued support by an obligor party
during a period of time fixed by the court.

Section 2. Amends paragraph a of subdivision 8 of part B of section
236 of the domestic relations law permitting the court to order, in
any matrimonial action, an obligor party to purchase or maintain a
policy of disability insurance as a means of ensuring continued
support by an obligor party during a period of time fixed by the
court.

 EXISTING LAW :  Currently under Domestic Relations Law section 236 a
family court judge may order, in his discretion, an obligor spouse to

obtain a life insurance policy for his spouse or child.

 JUSTIFICATION :  Per the latest statistics, in 2007, approximately
54,679 divorces were legalized in New York State. When an obligor
spouse becomes disabled, the possibility for economic hardship on both
a beneficiary spouse, and in particular, dependent children, is
significant. This bill will provide more discretion to judges in
matrimonial actions so that they may order a person to obtain
disability insurance to preserve family stability and economic
protection. It will ensure that contracts of support made between
obligor spouses and their beneficiaries are honored despite
disability. Without such a provision in law, obligor spouses have the
opportunity to avoid payment of spousal support by declaring
disability. This bill will prevent delinquent and fraudulent cases
from becoming exempt under law, and also honor obligations made to
family units upon divorce.

 LEGISLATIVE HISTORY :  None.

 FISCAL IMPLICATIONS :  None.

 LOCAL FISCAL IMPLICATIONS :  None.

 EFFECTIVE DATE :  This act shall take effect on the first of January
next succeeding the date on which it shall have become a law.

2009-S7008 (ACTIVE) - Bill Text download pdf

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

    S. 7008                                                 A. 10117

                      S E N A T E - A S S E M B L Y

                              March 5, 2010
                               ___________

IN  SENATE -- Introduced by Sen. HANNON -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Judiciary

IN ASSEMBLY -- Introduced by M. of A. GALEF -- 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  purchase  or  maintenance of a policy of disability
  insurance

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. The section heading and subdivision  (b) of section 416 of
the family court act, as amended by chapter 624 of the laws of 2002, are
amended to read as follows:
  Elements of support; provisions for  accident,  life,  DISABILITY  and
health insurance benefits.
  (b)  The court may also order a party to purchase, maintain, or assign
a policy of accident insurance or insurance on the life of either  party
and  designate  in  the case of life insurance, the person or persons on
whose behalf the petition is brought or in the case of  accident  insur-
ance,  the insured party as irrevocable beneficiaries during a period of
time fixed by the court. IN ADDITION, THE COURT MAY ALSO ORDER AN  OBLI-
GOR  PARTY TO PURCHASE OR MAINTAIN A POLICY OF DISABILITY INSURANCE AS A
MEANS OF ENSURING CONTINUED SUPPORT BY AN OBLIGOR PARTY DURING A  PERIOD
OF  TIME  FIXED  BY  THE COURT. The obligation to provide such insurance
shall cease upon  the  termination  of  such  party's  duty  to  provide
support.
  S  2.  Paragraph  a  of  subdivision 8 of part B of section 236 of the
domestic relations law, as amended by chapter 275 of the laws  of  1999,
is amended to read as follows:
  a.  In any matrimonial action the court may order a party to purchase,
maintain or assign a policy of insurance providing benefits  for  health
and  hospital care and related services for either spouse or children of
the marriage not to exceed such period of time as such  party  shall  be
obligated  to  provide  maintenance, child support or make payments of a

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD15684-01-0

S. 7008                             2                           A. 10117

distributive award. The court may also order a party to purchase,  main-
tain  or  assign a policy of accident insurance or insurance on the life
of either spouse, and to designate in the case of life insurance, either
spouse  or  children  of the marriage, or in the case of accident insur-
ance, the insured spouse as irrevocable beneficiaries during a period of
time fixed by the court.  IN ADDITION, THE COURT MAY ALSO ORDER AN OBLI-
GOR PARTY TO PURCHASE OR MAINTAIN A POLICY OF DISABILITY INSURANCE AS  A
MEANS  OF ENSURING CONTINUED SUPPORT BY AN OBLIGOR PARTY DURING A PERIOD
OF TIME FIXED BY THE COURT. The obligation  to  provide  such  insurance
shall cease upon the termination of the spouse's duty to provide mainte-
nance, child support or a distributive award. A copy of such order shall
be  served, by registered mail, on the home office of the insurer speci-
fying the name and mailing address of the spouse or  children,  provided
that  failure  to  so serve the insurer shall not affect the validity of
the order.
  S 3. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law.

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Senate Bill S7008

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