Bill Text: NY S07008 | 2009-2010 | General Assembly | Introduced
Bill Title: Authorizes a court to order an obligor spouse to purchase or maintain disability insurance to ensure continued payment of court ordered support.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Introduced - Dead) 2010-03-05 - REFERRED TO JUDICIARY [S07008 Detail]
Download: New_York-2009-S07008-Introduced.html
S T A T E O F N E W Y O R K
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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:
1 Section 1. The section heading and subdivision (b) of section 416 of
2 the family court act, as amended by chapter 624 of the laws of 2002, are
3 amended to read as follows:
4 Elements of support; provisions for accident, life, DISABILITY and
5 health insurance benefits.
6 (b) The court may also order a party to purchase, maintain, or assign
7 a policy of accident insurance or insurance on the life of either party
8 and designate in the case of life insurance, the person or persons on
9 whose behalf the petition is brought or in the case of accident insur-
10 ance, the insured party as irrevocable beneficiaries during a period of
11 time fixed by the court. IN ADDITION, THE COURT MAY ALSO ORDER AN OBLI-
12 GOR PARTY TO PURCHASE OR MAINTAIN A POLICY OF DISABILITY INSURANCE AS A
13 MEANS OF ENSURING CONTINUED SUPPORT BY AN OBLIGOR PARTY DURING A PERIOD
14 OF TIME FIXED BY THE COURT. The obligation to provide such insurance
15 shall cease upon the termination of such party's duty to provide
16 support.
17 S 2. Paragraph a of subdivision 8 of part B of section 236 of the
18 domestic relations law, as amended by chapter 275 of the laws of 1999,
19 is amended to read as follows:
20 a. In any matrimonial action the court may order a party to purchase,
21 maintain or assign a policy of insurance providing benefits for health
22 and hospital care and related services for either spouse or children of
23 the marriage not to exceed such period of time as such party shall be
24 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
1 distributive award. The court may also order a party to purchase, main-
2 tain or assign a policy of accident insurance or insurance on the life
3 of either spouse, and to designate in the case of life insurance, either
4 spouse or children of the marriage, or in the case of accident insur-
5 ance, the insured spouse as irrevocable beneficiaries during a period of
6 time fixed by the court. IN ADDITION, THE COURT MAY ALSO ORDER AN OBLI-
7 GOR PARTY TO PURCHASE OR MAINTAIN A POLICY OF DISABILITY INSURANCE AS A
8 MEANS OF ENSURING CONTINUED SUPPORT BY AN OBLIGOR PARTY DURING A PERIOD
9 OF TIME FIXED BY THE COURT. The obligation to provide such insurance
10 shall cease upon the termination of the spouse's duty to provide mainte-
11 nance, child support or a distributive award. A copy of such order shall
12 be served, by registered mail, on the home office of the insurer speci-
13 fying the name and mailing address of the spouse or children, provided
14 that failure to so serve the insurer shall not affect the validity of
15 the order.
16 S 3. This act shall take effect on the first of January next succeed-
17 ing the date on which it shall have become a law.
