New York § 461 Duty to support child after separation agreement, separation, or termination of marriage

New York Statutes

§ 461 — Duty to support child after separation agreement, separation, or termination of marriage

New York § 461

Law FCTFamily Court Act

Part 6Effect of Action For Separation, Divorce or Annulment

Art. 4Support Proceedings

This text of New York § 461 (Duty to support child after separation agreement, separation, or termination of marriage) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.Y. Family Court Act § 461 (2026).

Text

§ 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\nsupport a child of the marriage under section four hundred thirteen of\nthis article. In the absence of an order of the supreme court or of\nanother court of competent jurisdiction requiring support of the child,\nthe family court may entertain a petition and make an order for its\nsupport.\n (b) If an order of the supreme court or of another court of competent\njurisdiction requires support of the child, the family court may:\n (i) entertain an application to enforce the order requiring support;\nor\n (ii) enterta

Free access — add to your briefcase to read the full text and ask questions with AI

§ 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\nsupport a child of the marriage under section four hundred thirteen of\nthis article. In the absence of an order of the supreme court or of\nanother court of competent jurisdiction requiring support of the child,\nthe family court may entertain a petition and make an order for its\nsupport.\n (b) If an order of the supreme court or of another court of competent\njurisdiction requires support of the child, the family court may:\n (i) entertain an application to enforce the order requiring support;\nor\n (ii) entertain an application to modify such order as provided under\nsubdivision two of section four hundred fifty-one of this article,\nunless the order of the supreme court provides that the supreme court\nretains exclusive jurisdiction to enforce or modify the order.\n (c) In an action for divorce, separation or annulment in the supreme\ncourt, the supreme court on its own motion or on motion of one of the\nparties may refer an application for temporary or permanent support or\nboth of a child of the marriage to the family court. If the supreme\ncourt so refers the application, the family court shall have\njurisdiction to determine the application with the same powers possessed\nby the supreme court and the family court's disposition of the\napplication shall be an order of the family court appealable only under\narticle eleven of this act.\n