2006 New York Code - Powers Of The Court On Violation Of A Support Order.



 
    §  454.  Powers  of the court on violation of a support order. 1. If a
  respondent is brought before the court for failure to  obey  any  lawful
  order  of  support  and  if,  after  hearing,  the court is satisfied by
  competent proof that the respondent has failed to obey any  such  order,
  the  court  may  use  any or all of the powers conferred upon it by this
  part. The court has the power to use any or all  enforcement  powers  in
  every  proceeding brought for violation of a court order under this part
  regardless of the relief requested in the petition.
    2. Upon a finding that a respondent has  failed  to  comply  with  any
  lawful order of support:
    (a)  the court shall enter a money judgment under section four hundred
  sixty of this article; and
    (b)  the  court  may  make  an  income  deduction  order  for  support
  enforcement  under  section  fifty-two  hundred  forty-two  of the civil
  practice law and rules;
    (c) the court may require the respondent to post an undertaking  under
  section four hundred seventy-one of this article;
    (d)  the  court  may make an order of sequestration under section four
  hundred fifty-seven of this article.
    (e) the court may suspend the respondent's driving privileges pursuant
  to section four hundred fifty-eight-a of this article.
    (f) the court may  suspend  the  respondent's  state  professional  or
  business  license pursuant to section four hundred fifty-eight-b of this
  article;
    (g) the court may suspend the recreational license or licenses of  the
  respondent  pursuant  to  section  four  hundred  fifty-eight-c  of this
  article.
    (h) the court may require the respondent, if the persons for whom  the
  respondent has failed to pay support are applicants for or recipients of
  public assistance, to participate in work activities as defined in title
  nine-B  of  article  five  of the social services law. Those respondents
  ordered to participate in work activities need not be applicants for  or
  recipients of public assistance.
    3.  Upon a finding by the court that a respondent has willfully failed
  to obey any lawful order of support, the court shall order respondent to
  pay counsel fees to the attorney  representing  petitioner  pursuant  to
  section  four hundred thirty-eight of this act and may in addition to or
  in lieu of any or all of the powers conferred in subdivision two of this
  section or any other section of law:
    (a) commit the respondent to jail for a term not to exceed six months.
  For purposes of this subdivision, failure to pay  support,  as  ordered,
  shall  constitute  prima  facie  evidence  of  a willful violation. Such
  commitment may be served upon certain specified days or parts of days as
  the court may direct, and the court may, at any time within the term  of
  such  sentence, revoke such suspension and commit the respondent for the
  remainder of the original sentence, or suspend  the  remainder  of  such
  sentence.  Such  commitment does not prevent the court from subsequently
  committing the respondent for failure thereafter to comply with any such
  order; or
    (b) require the respondent to participate in a rehabilitative  program
  if  the  court  determines  that  such  participation  would  assist the
  respondent in complying with such order of support and access to such  a
  program  is  available.  Such rehabilitative programs shall include, but
  not be limited to, work preparation and skill programs,  non-residential
  alcohol and substance abuse programs and educational programs; or
    (c)  place  the  respondent  on probation under such conditions as the
  court may determine  and  in  accordance  with  the  provisions  of  the
  criminal procedure law.

4. The court shall not deny any request for relief pursuant to this section unless the facts and circumstances constituting the reasons for its determination are set forth in a written memorandum of decision. * 5. The court may review a support collection unit's denial of a challenge made by a support obligor pursuant to paragraph (d) of subdivision twelve of section one hundred eleven-b of the social services law if objections thereto are filed by a support obligor who has received notice that the department of social services intends to notify the department of motor vehicles that the support obligor's driving privileges are to be suspended. Specific written objections to a support collection unit's denial may be filed by the support obligor within thirty-five days of the mailing of the notice of the support collection unit's denial. A support obligor who files such objections shall serve a copy of the objections upon the support collection unit, which shall have ten days from such service to file a written rebuttal to such objections and a copy of the record upon which the support collection unit's denial was made, including all documentation submitted by the support obligor. Proof of service shall be filed with the court at the time of filing of objections and any rebuttal. The court's review shall be based upon the record and submissions of the support obligor and the support collection unit upon which the support collection unit's denial was made. Within forty-five days after the rebuttal, if any, is filed, the family court judge shall (i) deny the objections and remand to the support collection unit or (ii) affirm the objections if the court finds the determination of the support collection unit is based upon a clearly erroneous determination of fact or error of law, whereupon the court shall direct the support collection unit not to notify the department of motor vehicles to suspend the support obligor's driving privileges. Provisions set forth herein relating to procedures for appeal to the family court by individuals subject to suspension of driving privileges for failure to pay child support shall apply solely to such cases and not affect or modify any other procedure for review or appeal of administrative enforcement of child support requirements. * NB Repealed June 30, 2007

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