N.Y. Family Court Act § 424-a: Compulsory financial disclosure

§ 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.