Bill Text: NY A08394 | 2021-2022 | General Assembly | Introduced

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Bill Title: Allows family court to issue temporary spousal support when issuing either a temporary order of protection or a temporary order for child support.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2022-01-05 - referred to judiciary [A08394 Detail]

Download: New_York-2021-A08394-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8394

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    October 20, 2021
                                       ___________

        Introduced  by  M.  of  A. J. M. GIGLIO -- read once and referred to the
          Committee on Judiciary

        AN ACT to amend the family court act, in relation to  issuing  temporary
          spousal support

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The section heading and subdivision 4 of section 828 of the
     2  family court act, the section heading as amended by chapter 335  of  the
     3  laws  of  2019  and subdivision 4 as added by chapter 222 of the laws of
     4  1994, are amended to read as follows:
     5    Temporary order of protection; temporary orders for child support  and
     6  spousal [maintenance] support.
     7    4.  Notwithstanding  the provisions of section eight hundred seventeen
     8  of this article the court  may,  together  with  a  temporary  order  of
     9  protection issued pursuant to this section, issue an order for temporary
    10  child  support and/or temporary spousal support, in an amount sufficient
    11  to meet the needs of the child and/or spouse, without a showing of imme-
    12  diate or emergency need. The court shall make  an  order  for  temporary
    13  child  support  and/or  temporary  spousal  support notwithstanding that
    14  information with respect to income and assets of the respondent  may  be
    15  unavailable.  Where such information is available, the court may make an
    16  award for temporary child support pursuant to the formula set  forth  in
    17  subdivision  one  of  section  four hundred thirteen of this act and for
    18  temporary spousal support pursuant to the formula set forth in  subdivi-
    19  sion  six  of  section  two hundred thirty-six of the domestic relations
    20  law. An order making such award shall be  deemed  to  have  been  issued
    21  pursuant to article four of this act. Upon making an order for temporary
    22  child  support  pursuant to this subdivision, the court shall advise the
    23  petitioner of the availability of child support enforcement services  by
    24  the  support collection unit of the local department of social services,
    25  to enforce the temporary order and to assist in securing continued child

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13269-01-1
        A. 8394                             2

     1  support, and shall set the support matter down for  further  proceedings
     2  in accordance with article four of this act.
     3    Where  the  court determines that the respondent has employer-provided
     4  medical insurance, the court may further direct, as part of an order  of
     5  temporary  child  support under this subdivision, that a medical support
     6  execution be  issued  and  served  upon  the  respondent's  employer  as
     7  provided  for  in section fifty-two hundred forty-one of the civil prac-
     8  tice law and rules.
     9    § 2. This act shall take effect on the ninetieth day  after  it  shall
    10  have become a law.