NY State Senate Bill 2017-S2272

Senate Bill S2272

2017-2018 Legislative Session

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

download bill text pdf

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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to judiciary
Jan 12, 2017	referred to judiciary

2017-S2272 (ACTIVE) - Details

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:: 2009-2010: S7008
2011-2012: S1922
2013-2014: S2938
2015-2016: S823

2017-S2272 (ACTIVE) - Summary

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

2017-S2272 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2272

 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. Under this
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.

Section 3. Provides for an effective date.

 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 :

According to the latest statistics, in 2012, approximately 58,833
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. Such court orders ensure that contracts of support made
between obligor spouses and their beneficiaries are honored despite
disability. Without this provision, 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 :

2015-2016: S.823 - Passed Senate, died in Assembly (both years)
2013-2014: S.2938
2011-2012: S.1922

 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.

2017-S2272 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2272
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 12, 2017
                                ___________
 
 Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
   printed to be committed 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.
   §  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.

                                                            LBD02904-01-7

 S. 2272                             2
 
 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.
   § 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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