S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4635
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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:

   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.
                                                            LBD08123-01-5
              

 A. 4635                             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.