- Consolidated Laws - Family Court
PART 6
EFFECT OF ACTION FOR SEPARATION, DIVORCE OR ANNULMENT
Section 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 on the ground that
changed circumstances requires such modification,
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.
