New York Prosecutors Training Institute
NYPTI Law - NYS Statutes
ยง 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.
