Bill Text: NY A07518 | 2019-2020 | General Assembly | Introduced

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Bill Title: Relates to the date of adjustment and amount of the spousal maintenance cap; increases the income cap to $84,000 of the payor's annual income.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2019-11-20 - SIGNED CHAP.523 [A07518 Detail]

Download: New_York-2019-A07518-Introduced.html

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                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.