Legislation

Search OpenLegislation Statutes
This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 460
Entry and docketing of a money judgment
Family Court Act (FCT) CHAPTER 686, ARTICLE 4, PART 5
§ 460. Entry and docketing of a money judgment. 1. Where the family
court enters an order:

(a) requiring any party to provide for the support of another party,
or child, or both; or

(b) providing for the support or maintenance of a spouse or former
spouse, or child, or both, on a referral from the supreme court in an
action for divorce, separation, annulment or a proceeding for the
determination of the custody of a minor by writ of habeas corpus or by
petition and order to show cause; or

(c) enforcing or modifying an order or decree of a court of competent
jurisdiction not of the state of New York providing for the support of
the petitioner and/or child support; or

(d) awarding support under article five-B of this act; or

(e) awarding counsel fees under this act;
and the party defaults in paying any sum of money due as required by the
order directing the payment thereof, the court, without regard to the
amount due, shall make an order directing the entry of judgment for the
amount of child support arrears, 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 such 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
made upon such notice to the party or other person as the court may
direct. Such judgment shall provide for the payment of interest on the
amount of any arrears if the default was willful, in that the defaulting
party 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.

2. A certified copy of the order directing the entry of a money
judgment shall be entered in the office of the clerk of the county in
which the proceeding was commenced. Said clerk shall docket the same in
the book kept by him for the docketing of judgments as if said order
were a transcript of a judgment directed for the amount designated in
the order. An order docketed under this subdivision shall have the same
effect as a docketed judgment entered in the supreme court within the
county where it is docketed and may be enforced by execution or in any
other manner provided by law for the collection of a money judgment.

3. The relief provided for herein shall be in addition to any and
every other remedy which may be provided under the law including, but
not limited to, the remedies provided under the provisions of section
four hundred fifty-four of this act and sections fifty-two hundred
forty-one and fifty-two hundred forty-two of the civil practice law and
rules; provided that when a judgment for such arrears has been entered
pursuant to this section, such judgment shall not thereafter be subject
to modification or be affected by the provisions of section four hundred
sixty-two of this act. After the entry of any order hereunder, the
judgment creditor shall not thereafter be entitled to collect, by any
form of remedy, any greater portion of such arrears than that
represented by the order so entered.