2006 New York Code - Enforcement By Execution Of Judgment Or Order In Action For Divorce, Separation Or Annulment.



 
    §  244.  Enforcement  by  execution of judgment or order in action for
  divorce, separation or annulment.  Where  a  spouse  in  an  action  for
  divorce,  separation  or  annulment, or declaration of nullity of a void
  marriage, or a person  other  than  a  spouse  when  an  action  for  an
  annulment  is maintained after the death of a spouse, defaults in paying
  any sum of money as required by the  judgment  or  order  directing  the
  payment  thereof,  or  as  required  by  the  terms  of  an agreement or
  stipulation incorporated by reference  in  a  judgment,  such  direction
  shall  be enforceable pursuant to section fifty-two hundred forty-one or
  fifty-two hundred forty-two of the civil practice law  and  rules.  Upon
  application  the  court  shall  make  an  order  directing  the entry of
  judgment for the amount of arrears of child support together with  costs
  and  disbursements. The court shall make an order directing the entry of
  judgment for the amount of arrears of any other  payments  so  directed,
  together with costs and disbursements, unless the defaulting party shows
  good  cause for failure to make application for relief from the judgment
  or order directing such payment prior to the accrual  of  such  arrears.
  The  court shall not make an order reducing or cancelling arrears unless
  the facts and circumstances constituting good cause are set forth  in  a
  written  memorandum of decision. The application for such order shall be
  upon such notice to the spouse or other person as the court may  direct.
  Such  judgment  may  be  enforced  by  execution  or in any other manner
  provided by law for the collection of money judgments. The relief herein
  provided for is in addition to any and every other  remedy  to  which  a
  spouse  may be entitled under the law; provided that when a judgment for
  such arrears or any part thereof shall have  been  entered  pursuant  to
  this   section,  such  judgment  shall  thereafter  not  be  subject  to
  modification under the discretionary power granted by this section;  and
  after  the  entry  of  such  judgment  the  judgment  creditor shall not
  hereafter be entitled to collect by  any  form  of  remedy  any  greater
  portion  of  such  arrears  than  that  represented  by  the judgment so
  entered. Such judgment shall provide for the payment of interest on  the
  amount  of any arrears if the default was willful, in that the obligated
  spouse knowingly, consciously and voluntarily disregarded the obligation
  under a lawful court order. Such interest shall  be  computed  from  the
  date on which the payment was due, at the prevailing rate of interest on
  judgments as provided in the civil practice law and rules.

Disclaimer: These codes may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.