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This entry was published on 2014-09-22
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SECTION 244
Enforcement by execution of judgment or order in action for divorce, separation or annulment
Domestic Relations (DOM) CHAPTER 14, ARTICLE 13
§ 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.