Provides that where a temporary order of spousal support has not been issued the court may, in addition to issuing a temporary order of protection, issue an order for temporary spousal support

Experience during the two decades under the statute has revealed a significant gap - that is, that it does not provide an analagous safety net to married petitioners in family offense proceedings who do not have minor, dependent children. As the Appellate Division, Third Department noted, in Matter of Childers v. Childers, 260 A.D.2d 767 (3d Dept., 1999), child support, but not spousal support, may be ordered in conjunction with the issuance of an order of protection. As has been evident in cases in the Unified Court System's Integrated Domestic Violence Courts, petitioners in need of temporary spousal support are often older litigants in long-term marriages, who are victims of domestic violence, frequently including financial abuse. They frequently lack means of their own to cover immediate expenses, particularly the expenses of relocation, as they seek safe refuges from violence.

This measure would remedy this gap. It would amend sections 828 and 842 of the Family Court Act to provide authority for the Family Court, when issuing temporary and final orders of protection, to direct the parties to appear, in the same action, within seven business days of the issuance of the temporary order of protection for consideration of an order of temporary spousal support. While the parties will be directed to appear with information with respect to income and assets, the measure permits issuance of a temporary order of spousal support on the return date "notwithstanding the respondent's default upon notice and notwithstanding that information with respect to income and assets of the petitioner or respondent may be unavailable." Upon making an order for temporary spousal support, the court shall set the spousal support matter down for determination of the final order.

As was recognized by the Legislature in enacting recent legislation (L. 2013, c. 526), economic abuse is a significant form of domestic violence and is often inflicted upon elderly, vulnerable family members. See Memo in Support of A. 7400 (L. 2013, c. 526). As recently documented in Under the Radar: The New York State Elder Abuse Study: Final Report, financial abuse is the most common form of abuse reported by the elderly.* Even where financial abuse has not been alleged, a married family offense petitioner's lack of income or access to family assets may impede his or her ability to escape to a place of safety, free of domestic violence, and is frequently the reason many domestic violence victims return repeatedly to their abusers before being able to permanently extricate themselves from abusive situations. Often a victim needs a temporary life-line, some means of securing resources to tide him or her over while seeking a more long-term order in a Supreme or Family Court proceeding. This measure would thus provide much needed emergency relief.

This measure, which would have no fiscal impact, would take effect 90 days after it shall have become a law.

2014 LEGISLATIVE HISTORY :

OCA 2014-80 Assembly 9465 (M. of A. Mayer) (reported ref to Codes)

2015-16 LEGISLATIVE HISTORY :

Senate 5815 (Sen. Savino) (ref to Judiciary) Assembly 7032 (M. of A. Mayer) (reported ref to Codes)

*See Under the Radar: The New York State Elder Abuse Study: Final Report (Lifespan & Cornell-Weill Medical Center, May 2011), available at: http://ocfs.ny.gov/mainireports/Under%20the%20Radar%2005%2012%201 I %20final%20report.pdf (reviewed Jan. 6, 2014).