New York State Law
Family Court Law
Consolidated Laws of NY's FCA code
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. Top of Page
Index | Article 1 |
Article 2 | Article 3 |
Article 4 | Article 5 |
Article 5A | Article 5B |
Article 6 | Article 7 |
Article 8 | Article 9 |
Article 10 | Article 10A |
Article 10B | Article 10C |
Article 11 | Article 12
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