S T A T E   O F   N E W   Y O R K
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                                  7253

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             April 29, 2015
                               ___________

Introduced  by  M. of A. WEINSTEIN -- (at request of the Office of Court
  Administration) -- read once and referred to the Committee on  Judici-
  ary

AN  ACT  to  amend  the domestic relations law, in relation to providing
  additional enforcement mechanisms for collection of spousal  or  child
  support

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 245 of the domestic relations law,  as  amended  by
chapter 809 of the laws of 1985, is amended to read as follows:
  S  245.  Enforcement  by  contempt proceedings of judgment or order in
action for divorce, separation or  annulment.  Where  a  spouse,  in  an
action for divorce, separation, annulment or declaration of nullity of a
void  marriage,  or  for the enforcement in this state of a judgment for
divorce, separation, annulment or  declaration  of  nullity  of  a  void
marriage  rendered  in another state, makes default in paying any sum of
money as required by the judgment or order directing the payment  there-
of,  [and  it  appears  presumptively, to the satisfaction of the court,
that payment cannot be enforced pursuant to section two  hundred  forty-
three  or  two  hundred  forty-four of this chapter or section fifty-two
hundred forty-one or fifty-two hundred forty-two of the  civil  practice
law  and  rules,]  the aggrieved spouse may make application pursuant to
the provisions of section seven hundred fifty-six of the  judiciary  law
to  punish the defaulting spouse for contempt, and where the judgment or
order directs the payment to be  made  in  installments,  or  at  stated
intervals,  failure  to  make  such single payment or installment may be
punished as therein provided, and such punishment,  either  by  fine  or
commitment,  shall not be a bar to a subsequent proceeding to punish the
defaulting spouse as for  a  contempt  for  failure  to  pay  subsequent
installments,  but for such purpose such spouse may be proceeded against
under the said order in the same manner and  with  the  same  effect  as

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09887-01-5
              

A. 7253                             2

though  such  installment  payment was directed to be paid by a separate
and distinct order, and the provisions of the civil rights law are here-
by superseded so far as they are in conflict therewith.   Such  applica-
tion may also be made without any previous sequestration or direction to
give  security [where the court is satisfied that they would be ineffec-
tual] OR ANY APPLICATION FOR ENFORCEMENT BY ANY OTHER MEANS.  No  demand
of  any kind upon the defaulting spouse shall be necessary in order that
he or she be proceeded against and punished for failure to make any such
payment or to pay  any  such  installment;  personal  service  upon  the
defaulting  spouse of an uncertified copy of the judgment or order under
which the default has occurred shall be sufficient.
  S 2. This act shall take effect immediately and  shall  apply  to  all
actions whenever commenced as well as all judgements or orders previous-
ly entered.