Section 461. Duty to support child after separation agreement, separation, or termination of marriage  


Latest version.
  • (a) A  separation  agreement,  a  decree  of
      separation,  and  a  final  decree  or  judgment  terminating a marriage
      relationship does not eliminate or  diminish  either  parent's  duty  to
      support  a  child of the marriage under section four hundred thirteen of
      this article. In the absence of an order of  the  supreme  court  or  of
      another  court of competent jurisdiction requiring support of the child,
      the family court may entertain a petition and  make  an  order  for  its
      support.
        (b)  If an order of the supreme court or of another court of competent
      jurisdiction requires support of the child, the family court may
        (i) entertain an application to enforce the order  requiring  support;
      or
        (ii)  entertain an application to modify such order on the ground that
      changed circumstances requires such modification,
      unless the order of the supreme court provides that  the  supreme  court
      retains exclusive jurisdiction to enforce or modify the order.
        (c)  In  an action for divorce, separation or annulment in the supreme
      court, the supreme court on its own motion or on motion of  one  of  the
      parties  may  refer an application for temporary or permanent support or
      both of a child of the marriage to the  family  court.  If  the  supreme
      court   so   refers   the  application,  the  family  court  shall  have
      jurisdiction to determine the application with the same powers possessed
      by  the  supreme  court  and  the  family  court's  disposition  of  the
      application  shall be an order of the family court appealable only under
      article eleven of this act.