Recent Legislation - Domestic Relations Law, Family Court Act and other Family Related Laws Amended by Laws of 2020, Chapters 55 and 56 (Budget Bills)

Domestic Relations Law, Family Court Act and other Family Related Laws Amended by Laws of 2020, Chapters 55 and 56 (Budget Bills)


Laws of 2020, Chapter 55

   SUBPART K (Effective November 1, 2020)

  § 9.  Paragraphs (a) and (b) of subdivision 2 of section 842-a of the family court act, was amended and a new paragraph (c) was added. 
   
  § 10. Paragraphs (a) and (b) of subdivision 3 of section 842-a of the family court act was amended and a new paragraph (c) was added. 
   
  § 11. Subdivisions 6 and 7 of section 842-a of the family court act were amended. 
  
  § 12. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.

                            SUBPART L

     Section 1. Subdivision 5 of section 1017 of the family court act, was amended. 

     § 2. Subdivision (j) of section 1055 of the family court act was amended. 
     
     § 3.  Clause (H) of subparagraph (vii) of paragraph 2 of subdivision (d) of section 1089 of the family court act, was amended. 
  
   § 4.  Paragraph (g) of subdivision 3 of section 358-a of the social services law was amended.

     § 5. This act shall take effect on the same date and in the same manner as a chapter of the laws of 2019 amending the family court act and the social services law relating to notice of indicated reports of child maltreatment and changes of placement in child protective and voluntary foster care placement and review proceedings, as proposed in
   legislative bills numbers S. 6215 and A. 7974, takes effect.


Laws of 2020, Chapter 56

                   PART L (Effective February 15, 2021)

     Section 1. The family court act was amended by adding a new article 5-C:   JUDGMENTS OF PARENTAGE OF CHILDREN CONCEIVED THROUGH ASSISTED REPRODUCTION OR PURSUANT TO SURROGACY AGREEMENTS

     § 2. Section 73 of the domestic relations law was REPEALED.

     § 3. Section 121 of the domestic relations law was amended. 

     § 4. Section 122 of the domestic relations law was amended. 

     § 5. Section 123 of the domestic relations law was amended. 

     § 6. Section 124 of the domestic relations law was amended. 

    § 7.  Section 4135 of the public health law, subdivision 1, subdivision 2 and subdivision 3 were amended. 

     § 8.  Section 4135-b of the public health law, subdivisions 1 and 2 and subdivision 3 were amended. 

     § 9.  Paragraph (e) of subdivision 1 of section 4138 of the public health law, was amended. 

     § 10. The article heading of article 8 of the domestic relations law, was amended to read as follows:  GENETIC SURROGATE PARENTING CONTRACTS

     § 11. The general business law was amended by adding a new article 44
  
     § 12. The public health law was amended by adding a new article 25-B. 

    § 13.  Subdivisions 4, 5, 6, 7 and 8 of section 4365 of the public health law were renumbered subdivisions 5, 6, 7, 8 and 9 and a new subdivision 4 was added. 
  
    § 14.  Paragraph (a) of subdivision 1 of section 440 of the family court act, was amended. 

     § 15. Section 516-a of the family court act, subdivisions (b) and (c) and subdivision (d) were amended. 

     § 16.  Paragraph (b) of subdivision 1 of section 1017 of the family court act was amended.

     § 17. Section 4-1.2 of the estates, powers and trusts law, the section heading, the opening    paragraph of subparagraph 1 of paragraph (a), the opening paragraph of
   subparagraph 2 of paragraph (a) and the opening paragraph of subparagraph 3 of paragraph (a), subparagraph 2 of paragraph (a), clause (A) of subparagraph 2 of paragraph (a, and clause (C) of subparagraph 2 of paragraph (a) and paragraph (b) were amended. 

    § 18. Subdivision 1, paragraph g of subdivision 2, subdivision 3, and subdivision 4 of section 111-c of the social services law, subdivision 1, paragraph g of subdivision    2, subdivision 3, and subdivision 4 were      amended.

    § 19. Section 111-k of the social services law, paragraphs (a) and (b) of subdivision 1 was amended.

     § 20. Subdivisions 1 and 2 of section 372-c of the social services Law were amended.

     § 21. Subdivision (a) of section 439 of the family court act, was amended.

   § 22. Subparagraph (D) of paragraph 17 of subsection (a) of section 1113 of the insurance law was amended. 
  
   § 23. Paragraph 32 of subsection (a) of section 1113 of the insurance law, was renumbered    paragraph 33 and a new paragraph 32 was added. 

     § 24. Subsection (a) of section 2105 of the insurance law, was amended.

     § 25. Subsection (b) of section 4101 of the insurance law, was amended. 
   
     § 26.  Group A of table one as contained in paragraph 1 of subsection (a) of section 4103 of the insurance law, was amended. 

     § 27. Group C of table three as contained in subsection (b) of section    4107 of the insurance law, was amended. 

     § 28. Section 4-1.3 of the estates, powers and trust law was amended. 

     § 29. This act shall take effect February 15, 2021, provided, however, that the amendments to subdivision (a) of section 439 of the family court act made by section twenty-one of this act shall not affect the    expiration of such subdivision and shall be deemed to expire therewith.    Effective immediately, the addition, amendment and/or repeal of any rule    or regulation necessary for the implementation of this act on its effect-   tive date are authorized to be made and completed on or before such   effective date.

Part R (Effective January 1, 2022)

     § 10. Section 651-a of the family court act, as amended by chapter 12
   of the laws of 1996, was amended. 

     § 11. This act shall take effect immediately; provided, however that sections one, three, four, five, six, seven, eight, nine and ten of this act shall take effect January 1, 2022.  Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to
   be made and completed by the office of children and family services on or before such effective date.

Recent Legislation - Domestic Relations Law §236 [B]5] [d] Factor 14

Laws of 2020, Ch 55, §1, enacted April 3, 2020 added an additional factor to the property distribution factors in Domestic Relations Law §236 [B]5] [d]. Factor 14 “any other factor which the court shall expressly find to be just and proper” was renumbered factor 15, and a new “domestic violence” factor 14 was added: (14) whether either party has committed an act  or  acts  of  domestic  violence, as described in subdivision  one  of  section four hundred    fifty-nine-a of the social services law, against the other party and the nature, extent, duration and impact of such act or acts.  The amendment takes effect on May 3, 2020 and applies to matrimonial actions commenced on or after the effective date. 

Notably, Social Services Law §159-a does not specifically define an “act or acts of domestic violence. “Instead, subdivision 1 defines victim of domestic violence” as “a victim of an act which would constitute a violation of the penal law, including, but not limited to acts constituting disorderly conduct, harassment, aggravated harassment, sexual misconduct, forcible touching, sexual abuse, stalking, criminal mischief, menacing, reckless endangerment, kidnapping, assault, attempted assault, attempted murder, criminal obstruction of breathing or blood circulation, or strangulation;  which act or acts have resulted in actual physical or emotional injury or have created a substantial risk of physical or emotional harm to such person or such person's child. 

A spouse who fits within this definition would probably be held to have committed the cruel and inhuman treatment ground for divorce in Domestic Relations Law § 170(1).