Section 424-A. Compulsory financial disclosure  


Latest version.
  • 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.