Bill Text: NY S05515 | 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 1-0)

Status: (Passed) 2019-11-20 - SIGNED CHAP.523 [S05515 Detail]

Download: New_York-2019-S05515-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5515
                               2019-2020 Regular Sessions
                    IN SENATE
                                       May 3, 2019
                                       ___________
        Introduced  by  Sen.  MONTGOMERY  --  (at request of the Office of Court
          Administration) -- 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 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
        S. 5515                             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.