New York State Law

Family Court Law

Consolidated Laws of NY's FCA code

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Part 6 - Article 4 - Family Court

EFFECT OF ACTION FOR SEPARATION, DIVORCE OR ANNULMENT

Section Description
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.
  S 461. Duty to support child after separation agreement, separation,
  or termination of marriage. (a) A  separation  agreement,  a  decree  of
  separation,  and  a  final  decree  or  judgment  terminating a marriage
  relationship does not eliminate or  diminish  either  parent's  duty  to
  support  a  child of the marriage under section four hundred thirteen of
  this article. In the absence of an order of  the  supreme  court  or  of
  another  court of competent jurisdiction requiring support of the child,
  the family court may entertain a petition and  make  an  order  for  its
  support.
    (b)  If an order of the supreme court or of another court of competent
  jurisdiction requires support of the child, the family court may:
    (i) entertain an application to enforce the order  requiring  support;
  or
    (ii)  entertain  an application to modify such order as provided under
  subdivision two of section four hundred fifty-one of this article,
  unless the order of the supreme court provides that  the  supreme  court
  retains exclusive jurisdiction to enforce or modify the order.
    (c)  In  an action for divorce, separation or annulment in the supreme
  court, the supreme court on its own motion or on motion of  one  of  the
  parties  may  refer an application for temporary or permanent support or
  both of a child of the marriage to the  family  court.  If  the  supreme
  court   so   refers   the  application,  the  family  court  shall  have
  jurisdiction to determine the application with the same powers possessed
  by  the  supreme  court  and  the  family  court's  disposition  of  the
  application  shall be an order of the family court appealable only under
  article eleven of this act.

  S 462. Effect  of support order in matrimonial action on duration of
  family court support order for child. Any  order  of  the  family  court
  requiring  support of a child terminates when the supreme court makes an
  order in an action for divorce, separation or  annulment  providing  for
  the  support  of the child, unless the supreme court continues the order
  of the family court.

  S 463. Effect of separation agreement on duty to support a spouse. A
  separation agreement does not preclude the filing of a petition and  the
  making of an order under section four hundred forty-five of this article
  for  support  of  a  spouse  who  is  likely to become in need of public
  assistance or care.

  S 464. Effect  of  pendency  of  action  for  divorce, separation or
  annulment on petition for support of a  spouse.  (a)  In  a  matrimonial
  action  in  the supreme court, the supreme court on its own motion or on
  motion of either spouse may refer to the family court an application for
  temporary or permanent support, or for maintenance or a distribution  of
  marital  property.  If  the  supreme court so refers an application, the
  family court has jurisdiction to determine the application with the same
  powers possessed by the supreme court and the family court's disposition
  of the application is an order of the family court appealable only under
  article eleven of this act.
    (b) In the absence of an order of referral under paragraph (a) of this
  section and in the absence of an order by  the  supreme  court  granting
  temporary  or  permanent support or maintenance, the family court during
  the pendency of such action may entertain a petition  and  may  make  an
  order under section four hundred forty-five of this article for a spouse
  who is likely to become in need of public assistance or care.

  S 465.  Effect  of  denial of support in action for separation. After
  final adjudication of an action for  separation  in  which  the  supreme
  court  denies  support  to  a  spouse,  the family court may entertain a
  petition and make an order for support of such spouse
    (a) under section four hundred forty-two of this  article  if  in  the
  opinion  of  the  family  court  the  circumstances  of the parties have
  changed, or
    (b) under section four hundred forty-five of this  article  if  it  is
  shown  to  the  satisfaction  of the family court that the petitioner is
  likely to become in need of public assistance or care.

  S 466. Effect of granting of support in action for divorce, separation
  or  annulment.  (a)  The supreme court may provide in an order or decree
  granting temporary or permanent support or maintenance in an action  for
  divorce,  separation  or  annulment  that  only  the  family  court  may
  entertain an application to enforce or, upon a  showing  to  the  family
  court  that  there has been a subsequent change of circumstance and that
  modification is required, to modify such order or decree. If the supreme
  court so provides, the family court shall entertain such an  application
  and  any  disposition by the family court of the application is an order
  of the family court appealable only under article eleven of this act.
    (b) The supreme court may provide  in  an  order  or  decree  granting
  alimony,  maintenance or support in an action for divorce, separation or
  annulment that the order or decree may be enforced or modified  only  in
  the  supreme  court.  If the supreme court so provides, the family court
  may not entertain an application to enforce or modify an order or decree
  of the supreme court involving the parties to the action.
    (c) If the supreme court enters an order or decree  granting  alimony,
  maintenance or support in an action for divorce, separation or annulment
  and  if  the  supreme  court does not exercise the authority given under
  subdivision (a) or (b) of this section;  or  if  a  court  of  competent
  jurisdiction not of the state of New York shall enter an order or decree
  granting  alimony, maintenance or support in any such action, the family
  court may
    (i) entertain an application to enforce the order or  decree  granting
  alimony or maintenance, or
    (ii)  entertain  an application to modify the order or decree granting
  alimony or maintenance on the ground that there has  been  a  subsequent
  change of circumstances and that modification is required.

  S 467. Referral  by  supreme court of applications to fix custody in
  action for divorce, separation  or  annulment.  (a)  In  an  action  for
  divorce,  separation  or  annulment,  the supreme court may refer to the
  family court the determination  of  applications  to  fix  temporary  or
  permanent  custody  or visitation, applications to enforce judgments and
  orders of custody or visitation, and applications  to  modify  judgments
  and  orders  of  custody  which  modification may be granted only upon a
  showing to the family court that there has been a subsequent  change  of
  circumstances and that modification is required.
    (b) In the event no such referral has been made and unless the supreme
  court  provides  in the order or judgment awarding custody or visitation
  in an action for divorce,  separation  or  annulment,  that  it  may  be
  enforced  or  modified  only in the supreme court, the family court may:
  (i) determine an application to enforce the order or  judgment  awarding
  custody  or  visitation,  or (ii) determine an application to modify the
  order or judgment awarding custody or visitation  upon  a  showing  that
  there  has been a subsequent change of circumstances and modification is
  required.
    (c) In any determination of an application pursuant to  this  section,
  the family court shall have jurisdiction to determine such applications,
  in  accordance  with subdivision one of section two hundred forty of the
  domestic relations law, with the same powers possessed  by  the  supreme
  court,  and the family court's disposition of any such application is an
  order of the family court appealable only under article eleven  of  this
  act.

  S 469. Rules  of court; venue. (a) Rules of court under section four
  hundred twenty-four of this article may be  made  applicable  with  such
  modifications,  if  any,  as  may be appropriate to the determination of
  applications referred to the family court by  the  supreme  court  under
  part six of this article.
    (b)  The  supreme  court  referring an application to the family court
  under part six may designate a county within the  judicial  district  as
  the  county in which the application is to be determined. If the supreme
  court does not designate the county, section four hundred twenty-one  of
  this article applies.
    (c)  Section  four  hundred  twenty-one  of  this  article  applies in
  determining the county  in  which  an  application  under  section  four
  hundred sixty-one, section four hundred sixty-six or section six hundred
  fifty-four may be heard.

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