New York A 4635: Relates to issuing temporary spousal support

Bill Text

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A04635 Summary:

BILL NOA04635 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORSempolinski

&nbsp

COSPNSR

&nbsp

MLTSPNSR

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Amd §828, Fam Ct Act

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

Go to top A04635 Actions:

BILL NOA04635 

&nbsp

02/04/2025referred to judiciary

01/07/2026referred to judiciary

Go to topA04635 Committee&nbspVotes:

Go to topA04635 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA04635 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4635

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 4, 2025
 ___________

 Introduced by M. of A. SEMPOLINSKI -- 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.
 LBD08123-01-5

 A. 4635 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.

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