S T A T E O F N E W Y O R K
________________________________________________________________________
2430
2023-2024 Regular Sessions
I N A S S E M B L Y
January 26, 2023
___________
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:
Section 1. The section heading and subdivision 4 of section 828 of the
family court act, the section heading as amended by chapter 335 of the
laws of 2019 and subdivision 4 as added by chapter 222 of the laws of
1994, are amended to read as follows:
Temporary order of protection; temporary orders for child support and
spousal [maintenance] SUPPORT.
4. Notwithstanding the provisions of section eight hundred seventeen
of this article the court may, together with a temporary order of
protection issued pursuant to this section, issue an order for temporary
child support AND/OR TEMPORARY SPOUSAL SUPPORT, in an amount sufficient
to meet the needs of the child AND/OR SPOUSE, without a showing of imme-
diate or emergency need. The court shall make an order for temporary
child support AND/OR TEMPORARY SPOUSAL SUPPORT notwithstanding that
information with respect to income and assets of the respondent may be
unavailable. Where such information is available, the court may make an
award for temporary child support pursuant to the formula set forth in
subdivision one of section four hundred thirteen of this act AND FOR
TEMPORARY SPOUSAL SUPPORT PURSUANT TO THE FORMULA SET FORTH IN SUBDIVI-
SION SIX OF SECTION TWO HUNDRED THIRTY-SIX OF THE DOMESTIC RELATIONS
LAW. An order making such award shall be deemed to have been issued
pursuant to article four of this act. Upon making an order for temporary
child support pursuant to this subdivision, the court shall advise the
petitioner of the availability of child support enforcement services by
the support collection unit of the local department of social services,
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.
LBD05454-01-3
A. 2430 2
support, and shall set the support matter down for further proceedings
in accordance with article four of this act.
Where the court determines that the respondent has employer-provided
medical insurance, the court may further direct, as part of an order of
temporary CHILD support under this subdivision, that a medical support
execution be issued and served upon the respondent's employer as
provided for in section fifty-two hundred forty-one of the civil prac-
tice law and rules.
§ 2. This act shall take effect on the ninetieth day after it shall
have become a law.