FCA § 464

Effect of pendency of action for divorce, separation or annulment on petition for support of a spouse

§ 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.

Official sourcehttps://www.nysenate.gov/legislation/laws/FCT/464

In plain English

During a matrimonial action, Supreme Court may refer a support/maintenance/property-distribution application to Family Court (same powers). Absent referral or a Supreme Court support order, Family Court may still act under § 445 for a spouse likely to need public assistance.

Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.

In print

This provision appears in Volume 5 — The JG-22 Family Court Act and in Volume 1 — The JG-22 in Plain English.