Statute:

Compulsory financial disclosure

ยง 424-a. Compulsory financial disclosure. Except as provided herein:
(a) in all support proceedings in family court, there shall be
compulsory disclosure by both parties of their respective financial
states, provided, however, that this requirement shall not apply to a
social services official who is a party in any support proceeding under
this act. No showing of special circumstances shall be required before
such disclosure is ordered and such disclosure may not be waived by
either party or by the court. A sworn statement of net worth shall be
filed with the clerk of the court on a date to be fixed by the court, no
later than ten days after the return date of the petition. As used in
this part, the term "net worth" shall mean the amount by which total
assets including income exceed total liabilities including fixed
financial obligations. It shall include all income and assets of
whatsoever kind and nature and wherever situated and shall include a
list of all assets transferred in any manner during the preceding three
years, or the length of the marriage, whichever is shorter, provided,
however, that transfers in the routine course of business which resulted
in an exchange of assets of substantially equivalent value need not be
specifically disclosed where such assets are otherwise identified in the
statement of net worth. All such sworn statements of net worth shall be
accompanied by a current and representative paycheck stub and the most
recently filed state and federal income tax returns including a copy of
the W-2(s) wage and tax statement(s) submitted with the returns. In
addition, both parties shall provide information relating to any and all
group health plans available to them for the provision of care or other
medical benefits by insurance or otherwise for the benefit of the child
or children for whom support is sought, including all such information
as may be required to be included in a qualified medical child support
order as defined in section six hundred nine of the employee retirement
income security act of 1974 (29 USC 1169) including, but not limited to:
(i) the name and last known mailing address of each party and of each
dependent to be covered by the order; (ii) the identification and a
description of each group health plan available for the benefit or
coverage of the disclosing party and the child or children for whom
support is sought; (iii) a detailed description of the type of coverage
available from each group health plan for the potential benefit of each
such dependent; (iv) the identification of the plan administrator for
each such group health plan and the address of such administrator; (v)
the identification numbers for each such group health plan; and (vi)
such other information as may be required by the court;

(b) when a respondent fails, without good cause, to file a sworn
statement of net worth, a current and representative paycheck stub and
the most recently filed state and federal income tax returns, including
a copy of the W-2(s) wage and tax statement submitted with the returns,
or to provide information relating to all group health plans available
for the provision of care or other medical benefits by insurance or
otherwise for the benefit of the disclosing party and the child or
children for whom support is sought, as provided in subdivision (a) of
this section, the court on its own motion or on application shall grant
the relief demanded in the petition or shall order that, for purposes of
the support proceeding, the respondent shall be precluded from offering
evidence as to respondent's financial ability to pay support;

(c) when a petitioner other than a social services official fails,
without good cause to file a sworn statement of net worth, a current and
representative paycheck stub and the most recently filed state and
federal income tax returns, as provided in subdivision (a) of this
section, the court may on its own motion or upon application of any
party adjourn such proceeding until such time as the petitioner files
with the court such statements and tax returns. The provisions of this
subdivision shall not apply to proceedings establishing temporary
support or proceedings for the enforcement of a support order or support
provision of a separation agreement or stipulation.

FCT 424-A 2014-09-22

Sections:

Article 4 - Support Proceedings
Part 1 - (411 - 418) Jurisdiction And Duties Of Support
411 - Jurisdiction
412 - Married person's duty to support spouse.
413 - Parents' duty to support child.
413-A - Review and cost of living adjustment of child support orders.
415 - Duties to support recipient of public assistance or welfare and patients in institutions in the department of mental hygiene.
416 - Elements of support; provisions for accident, life and health insurance benefits.
417 - Child of ceremonial marriage.
418 - Genetic marker and DNA tests; admissibility of records or reports of test results; costs of tests.
Part 2 - (421 - 430) Venue And Preliminary Procedure
421 - Venue.
422 - Persons who may originate proceedings.
423 - Petition; prior demand not required.
424 - Probation services.
424-A - Compulsory financial disclosure.
425 - Agreement to support.
426 - Issuance of summons.
427 - Service of summons.
428 - Issuance of warrant; certificate of warrant.
429 - Sequestration of respondent's property.
430 - Temporary order of protection.
Part 3 - (431 - 439-A) Hearing
431 - Preliminary procedure on warrant.
432 - Procedure before court.
433 - Enacted without section heading.
434 - Order for temporary child support.
434-A - Order for temporary spousal support.
435 - Procedure; adjournment; confidentiality of requests.
436 - Competence of spouse.
437 - Presumption of sufficient means.
437-A - Referral to work programs.
438 - Counsel fees.
439 - Support magistrates.
439-A - Expedited process.
Part 4 - (440 - 449) Orders
440 - Order of support.
441 - Order dismissing petition.
442 - Order of support by a spouse.
443 - Order of support by parent.
445 - Order of support by relative; duration.
446 - Order of protection.
446-A - Firearms; surrender and license suspension, revocation and ineligibility.
447 - Order of visitation.
448 - Enforcement by income deduction.
449 - Effective date of order of support.
Part 5 - (451 - 460) Compliance With Orders
451 - Continuing jurisdiction.
453 - Petition; violation of court order.
454 - Powers of the court on violation of a support order.
455 - Commitment.
456 - Probation.
457 - Order of sequestration on failure to obey support order.
458-A - Enforcement of arrears; Suspension of driving privileges.
458-B - Child support proceedings and enforcement of arrears; suspension of state professional, occupational and business licenses.
458-C - Child support proceedings and enforcement of arrears; suspension of recreational licenses.
459 - Additional arrears.
460 - Entry and docketing of a money judgment.
Part 6 - (461 - 469) Effect Of Action For Separation, Divorce Or Annulment
461 - Duty to support child after separation agreement, separation, or termination of marriage.
462 - Effect of support order in matrimonial action on duration of family court support order for child.
463 - Effect of separation agreement on duty to support a spouse.
464 - Effect of pendency of action for divorce, separation or annulment on petition for support of a spouse.
465 - Effect of denial of support in action for separation.
466 - Effect of granting of support in action for divorce, separation or annulment.
467 - Referral by supreme court of applications to fix custody in action for divorce, separation or annulment.
469 - Rules of court; venue.
Part 7 - (471 - 479) Undertaking
471 - Undertaking for support and cash deposits.
472 - Undertaking to be filed.
473 - Substitution of surety.
474 - Default.
475 - Procedure as to defaults.
476 - Forfeitures applied to support of petitioner.
477 - Surrender of respondent by surety.
478 - Termination of surety's liability.
479 - When new security required.

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