State Codes and Statutes

Statutes > New-york > Dom > Article-13 > 244

§  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.

State Codes and Statutes

Statutes > New-york > Dom > Article-13 > 244

§  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.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Dom > Article-13 > 244

§  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.