Title FCT, Family Court

§ 435. Procedure; adjournment; confidentiality of requests. (a)\nHearings are conducted by the court without a jury. The court may\nadjourn the hearing to enable it to make inquiry into the surroundings,\nconditions and capacities of the child, into the financial abilities and\n…

§ 436. Competence of spouse. Wives and husbands are competent\nwitnesses against each other in a hearing under section four hundred\nthirty-three and may testify to non-access in such a hearing.\n

§ 437. Presumption of sufficient means. A respondent is prima facie\npresumed in a hearing under section four hundred thirty-three and\nsection four hundred fifty-four to have sufficient means to support his\nor her spouse and children under the age of twenty-one years.\n

§ 437-a. Referral to work programs. In any proceeding to establish,\ndecrease or enforce an order of support, if the support obligor is\nunemployed, the court may require the support obligor to seek\nemployment, or to participate in job training, employment counseling or\nother …

§ 438. Counsel fees. (a) In any proceeding under this article,\nincluding proceedings for support of a spouse and children, or for\nsupport of children only, or at any hearing to modify or enforce an\norder entered in that proceeding or a proceeding to modify a decree of\ndivorc…

§ 439. Support magistrates. * (a) The chief administrator of the\ncourts shall provide, in accordance with subdivision (f) of this\nsection, for the appointment of a sufficient number of support\nmagistrates to hear and determine support proceedings. Except as\nhereinafter provi…

§ 439-a. Expedited process. (a) When used in this section, expedited\nprocess means a process in effect in the family court which reduces the\nprocessing time of support order establishment and enforcement efforts\nfrom the date of successful service of process on the respondent…

§ 440. Order of support. 1. (a) Any support order made by the court in\nany proceeding under the provisions of article five-B of this act,\npursuant to a reference from the supreme court under section two hundred\nfifty-one of the domestic relations law or under the provisions o…

§ 441. Order dismissing petition. If the allegations of a petition\nunder this article are not established by competent proof, the court\nshall dismiss the petition. If a neglect petition was filed in the\nsupport proceeding, the court retains jurisdiction over the neglect\npeti…

§ 442. Order of support by a spouse. If the court finds after a\nhearing that a husband or wife is chargeable under section four hundred\ntwelve with the support of his or her spouse and is possessed of\nsufficient means or able to earn such means, the court shall make an\norder…

§ 443. Order of support by parent. If the court finds after a hearing\nthat a parent is chargeable under section four hundred thirteen of this\nact with the support of his or her child and is possessed of sufficient\nmeans or able to earn such means, the court shall make an orde…

§ 445. Order of support by relative; duration. (a) If the court finds\nafter a hearing that a relative, including a step-parent, should be held\nresponsible under section four hundred fifteen for support, the court in\nits discretion may make an order requiring such person to co…

§ 446. Order of protection. The court may make an order of protection\nin assistance or as a condition of any other order made under this part.\nThe order of protection may set forth reasonable conditions of behavior\nto be observed for a specified time by the petitioner or resp…

§ 446-a. Firearms; surrender and license suspension, revocation and\nineligibility. Upon the issuance of an order of protection or temporary\norder of protection, or upon a violation of such order, the court shall\nmake a determination regarding the suspension and revocation of …

§ 447. Order of visitation. (a) In the absence of an order of custody\nor of visitation entered by the supreme court, the court may make an\norder of custody or of visitation, in accordance with subdivision one of\nsection two hundred forty of the domestic relations law, requiri…

§ 448. Enforcement by income deduction. Orders of support shall be\nenforceable pursuant to section fifty-two hundred forty-one or fifty-two\nhundred forty-two of the civil practice law and rules, or in any other\nmanner provided by law. The family court is hereby authorized to …

§ 449. Effective date of order of support. 1. Any order of spousal\nsupport made under this article shall be effective as of the date of the\nfiling of the petition therefor, and any retroactive amount of support\ndue shall be paid in one sum or periodic sums, as the court shall…

§ 451. Continuing jurisdiction. 1. Except as provided in article\nfive-B of this act, the court has continuing jurisdiction over any\nsupport proceeding brought under this article until its judgment is\ncompletely satisfied and may modify, set aside or vacate any order\nissued i…

§ 453. Petition; violation of court order. Proceedings under this part\nshall be originated by the filing of a petition containing an allegation\nthat the respondent has failed to obey a lawful order of this court.\n (a) Persons who may originate and prosecute proceedings. The o…

§ 454. Powers of the court on violation of a support order. 1. If a\nrespondent is brought before the court for failure to obey any lawful\norder of support and if, after hearing, the court is satisfied by\ncompetent proof that the respondent has failed to obey any such order,\n…

§ 455. Commitment. 1. The court may at any time suspend an order of\ncommitment upon such reasonable conditions, if any, as the court deems\nappropriate to carry out the purposes of this article without placing\nthe respondent on probation or may place him on probation under suc…

§ 456. Probation. (a) No person may be placed on probation under this\narticle unless the court makes an order to that effect, either at the\ntime of the making of an order of support or under section four hundred\nfifty-four. The period of probation may continue so long as an o…

§ 457. Order of sequestration on failure to obey support order. If an\norder of support is made under this article and the respondent has\nfailed to obey it and either leaves or threatens to leave the state, the\ncourt on application may issue an order of sequestration of his pr…

§ 458-a. Enforcement of arrears; Suspension of driving privileges.\n(a) If the respondent has accumulated support arrears equivalent to or\ngreater than the amount of support due pursuant to court order for a\nperiod of four months, the court may order the department of motor\nv…

§ 458-b. Child support proceedings and enforcement of arrears;\nsuspension of state professional, occupational and business licenses.\n(a) If the respondent has accumulated support arrears equivalent to or\ngreater than the amount of support due pursuant to court order for a\npe…

§ 458-c. Child support proceedings and enforcement of arrears;\nsuspension of recreational licenses. (a) If the respondent has\naccumulated support arrears equivalent to or greater than the amount of\nsupport due pursuant to court order for a period of four months, the\ncourt ma…

§ 459. Additional arrears. If a respondent has failed to obey a lawful\norder under this article the party seeking enforcement may amend the\npetition to include any additional arrears which have accrued from the\ncommencement of such enforcement proceeding up to the date of the…

§ 460. Entry and docketing of a money judgment. 1. Where the family\ncourt enters an order:\n (a) requiring any party to provide for the support of another party,\nor child, or both; or\n (b) providing for the support or maintenance of a spouse or former\nspouse, or child, or bo…

§ 461. Duty to support child after separation agreement, separation,\nor termination of marriage. (a) A separation agreement, a decree of\nseparation, and a final decree or judgment terminating a marriage\nrelationship does not eliminate or diminish either parent's duty to\nsupp…

§ 462. Effect of support order in matrimonial action on duration of\nfamily court support order for child. Any order of the family court\nrequiring support of a child terminates when the supreme court makes an\norder in an action for divorce, separation or annulment providing fo…

§ 463. Effect of separation agreement on duty to support a spouse. A\nseparation agreement does not preclude the filing of a petition and the\nmaking of an order under section four hundred forty-five of this article\nfor support of a spouse who is likely to become in need of pub…

§ 464. Effect of pendency of action for divorce, separation or\nannulment on petition for support of a spouse. (a) In a matrimonial\naction in the supreme court, the supreme court on its own motion or on\nmotion of either spouse may refer to the family court an application for\n…

§ 465. Effect of denial of support in action for separation. After\nfinal adjudication of an action for separation in which the supreme\ncourt denies support to a spouse, the family court may entertain a\npetition and make an order for support of such spouse\n (a) under section …

§ 466. Effect of granting of support in action for divorce, separation\nor annulment. (a) The supreme court may provide in an order or decree\ngranting temporary or permanent support or maintenance in an action for\ndivorce, separation or annulment that only the family court may…

§ 467. Referral by supreme court of applications to fix custody in\naction for divorce, separation or annulment. (a) In an action for\ndivorce, separation or annulment, the supreme court may refer to the\nfamily court the determination of applications to fix temporary or\nperman…

§ 469. Rules of court; venue. (a) Rules of court under section four\nhundred twenty-four of this article may be made applicable with such\nmodifications, if any, as may be appropriate to the determination of\napplications referred to the family court by the supreme court under\n…

§ 471. Undertaking for support and cash deposits. The court may in its\ndiscretion require either a written undertaking with sufficient surety\napproved by the court or may require that cash be posted to secure\ncompliance by the respondent with the order for support for such pe…

§ 472. Undertaking to be filed. If the property securing the\nundertaking consists of real estate, the undertaking shall be filed with\nthe county clerk of the county in which the real estate is located and\nthe same shall constitute a lien upon the real estate specified in the\…

§ 473. Substitution of surety. The court may at any time thereafter,\nbefore or after there has been a default, if all arrears have been paid\nin case there shall have been a default on such undertaking, accept a\nnew undertaking in lieu of the original undertaking, and the cour…

§ 474. Default. A default in the terms of the order shall constitute a\nbreach of the undertaking. When there has been a default the court shall\ncause an affidavit to be drawn, verified and filed by any person\nfamiliar with the facts. The surety shall thereupon be personally\n…

§ 475. Procedure as to defaults. If the surety contests the default\nthe court shall hear and determine the issue. In the event that the\ncourt finds that a default has been suffered, it shall make an order\nspecifying the amount in default and forfeiting the undertaking or cash…

§ 476. Forfeitures applied to support of petitioner. (a) All sums\ncollected from the surety by judgment as well as forfeited cash deposits\nshall be applied by the clerk of court to the support of the petitioners\nfor whose benefit the order for support was made. Subsequent def…

§ 477. Surrender of respondent by surety. A surety may at any time\nsurrender a respondent to the court. The respondent shall thereupon be\ndealt with as provided in the order for support. If the arrears on the\norder for support with interest thereon are paid in full, the court…

§ 478. Termination of surety's liability. Whenever the liability on an\nundertaking has ceased, the court shall make an order to that effect.\nUpon receipt of a certified copy of the order, the county clerk shall\ndischarge of record the lien of the undertaking.\n

§ 479. When new security required. After an undertaking has been given\nor cash has been deposited and it shall appear upon proof by affidavit\neither\n (a) that a judgment entered upon default can not be collected; or\n (b) that the liability of the surety has ceased; or\n (c) …

§ 511. Jurisdiction. Except as otherwise provided, the family court\nhas exclusive original jurisdiction in proceedings to establish\npaternity and, in any such proceedings in which it makes a finding of\npaternity, to order support and to make orders of custody or of\nvisitatio…

§ 512. Definitions. When used in this article,\n (a) The phrase "child born out of wedlock" refers to a child who is\nbegotten and born out of lawful matrimony.\n (b) The word "child" refers to a child born out of wedlock.\n (c) The word "mother" refers to the mother of a child …

§ 513. Obligation of parents. Subject to the provisions of paragraph\n(f) of subdivision six of section three hundred ninety-eight of the\nsocial services law, each parent of a child born out of wedlock is\nchargeable with the support of such child including the child's funeral\…

§ 514. Liability of father to mother. The father is liable for the\nreasonable expenses of the mother's confinement and recovery and such\nreasonable expenses in connection with her pregnancy as determined by\nthe court; provided, however, where the mother's confinement, recover…

§ 515. Governmental obligation to child. In case of the neglect or\ninability of the parents to provide for the support and education of the\nchild, it shall be supported by the county, city or town chargeable\ntherewith under the provisions of the social welfare law.\n