S T A T E O F N E W Y O R K
________________________________________________________________________
9356
I N A S S E M B L Y
February 23, 2022
___________
Introduced by M. of A. NORRIS -- read once and referred to the Committee
on Judiciary
AN ACT to amend the family court act, in relation to orders of seques-
tration on failure to obey a support order
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 457 of the family court act, as amended by chapter
721 of the laws of 1966, is amended to read as follows:
§ 457. Order of sequestration on failure to obey support order. If an
order of support is made under this article and the respondent has
failed to obey it [and either leaves or threatens to leave the state],
the court on application may issue an order of sequestration of his OR
HER property within the state, providing that such property may be
taken, sequestered and applied in like manner as is provided in section
four hundred twenty-nine.
§ 2. Section 429 of the family court act, as amended by chapter 281 of
the laws of 1980, is amended to read as follows:
§ 429. Sequestration of respondent's property. [Where in a proceeding
under this article it appears to the court that the respondent is not
within the state, or cannot be found therein, or is concealing himself
or herself therein, so that process cannot be personally served upon the
respondent, the] THE court may at any time and from time to time make
any order or orders without notice directing the sequestration of [his
or her] A RESPONDENT'S property, both real and personal and whether
tangible or intangible, within the state, and may appoint a receiver
thereof, or by injunction or otherwise take the same into its possession
and control. The property thus sequestered and the income therefrom may
be applied in whole or in part and from time to time, under the direc-
tion of the court and as justice may require, to the payment of such sum
or sums as the court may deem it proper to award, by order, and during
the pendency of the proceeding or at the termination thereof, for the
SUPPORT, education or maintenance of any of the RESPONDENT'S children
[of a marriage], or for the support of a spouse, or for his or her
expenses in bringing and carrying on said proceeding; and if the rents
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13498-02-1
A. 9356 2
and profits of the real estate, together with the other property so
sequestered, be insufficient to pay the sums of money required, the
court, upon such terms and conditions as it may prescribe, may direct
the mortgage or sale of sufficient of said real estate to pay such sums.
The court may appoint the petitioning [spouse] PARTY receiver or seques-
trator in such cases. [The court may authorize such spouse to use and
occupy, free of any liability for rent or use and occupation or other-
wise, any house or other suitable property of the respondent spouse as a
dwelling for himself or herself with or without the children of the
marriage, and may likewise turn over to the petitioning spouse for the
use of such spouse with or without the children of the marriage any
chattel or chattels of the respondent spouse.] The relief herein
provided for is in addition to any and every other remedy to which a
spouse may be entitled under the law.
§ 3. This act shall take effect immediately.