2006 New York Code - Entry And Docketing Of A Money Judgment.



 
    §  460.  Entry  and docketing of a money judgment. 1. Where the family
  court enters an order:
    (a) requiring any party to provide for the support of  another  party,
  or child, or both; or
    (b)  providing  for  the  support or maintenance of a spouse or former
  spouse, or child, or both, on a referral from the supreme  court  in  an
  action  for  divorce,  separation,  annulment  or  a  proceeding for the
  determination of the custody of a minor by writ of habeas corpus  or  by
  petition and order to show cause; or
    (c)  enforcing or modifying an order or decree of a court of competent
  jurisdiction not of the state of New York providing for the  support  of
  the petitioner and/or child support; or
    (d) awarding support under article five-B of this act; or
    (e) awarding counsel fees under this act;
  and the party defaults in paying any sum of money due as required by the
  order  directing  the  payment thereof, the court, without regard to the
  amount due, shall make an order directing the entry of judgment for  the
  amount  of child support arrears, 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 such 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
  made  upon  such  notice  to  the party or other person as the court may
  direct. Such judgment shall provide for the payment of interest  on  the
  amount of any arrears if the default was willful, in that the defaulting
  party  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.
    2.  A  certified  copy  of  the  order  directing the entry of a money
  judgment shall be entered in the office of the clerk of  the  county  in
  which  the proceeding was commenced. Said clerk shall docket the same in
  the book kept by him for the docketing of judgments  as  if  said  order
  were  a  transcript  of a judgment directed for the amount designated in
  the order. An order docketed under this subdivision shall have the  same
  effect  as  a  docketed judgment entered in the supreme court within the
  county where it is docketed and may be enforced by execution or  in  any
  other manner provided by law for the collection of a money judgment.
    3.  The  relief  provided  for  herein shall be in addition to any and
  every other remedy which may be provided under the  law  including,  but
  not  limited  to,  the remedies provided under the provisions of section
  four hundred fifty-four of  this  act  and  sections  fifty-two  hundred
  forty-one  and fifty-two hundred forty-two of the civil practice law and
  rules; provided that when a judgment for such arrears has  been  entered
  pursuant  to this section, such judgment shall not thereafter be subject
  to modification or be affected by the provisions of section four hundred
  sixty-two of this act. After the  entry  of  any  order  hereunder,  the
  judgment  creditor  shall  not thereafter be entitled to collect, by any
  form  of  remedy,  any  greater  portion  of  such  arrears  than   that
  represented by the order so entered.

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