§ 244 — Enforcement by execution of judgment or order in action for divorce, separation or annulment

New York § 244

• Jurisdiction: New York
• Law DOM: Domestic Relations
• Art. 13: Provisions Applicable to More Than One Type of Matrimonial Action

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§ 244. Enforcement by execution of judgment or order in action for\ndivorce, separation or annulment. Where a spouse in an action for\ndivorce, separation or annulment, or declaration of nullity of a void\nmarriage, or a person other than a spouse when an action for an\nannulment is maintained after the death of a spouse, defaults in paying\nany sum of money as required by the judgment or order directing the\npayment thereof, or as required by the terms of an agreement or\nstipulation incorporated by reference in a judgment, such direction\nshall be enforceable pursuant to section fifty-two hundred forty-one or\nfifty-two hundred forty-two of the civil practice law and rules. Upon\napplication the court shall make an order directing the entry of\njudgment for the amount of arrears of child support together with costs\nand disbursements. The court shall make an order directing the entry of\njudgment for the amount of arrears of any other payments so directed,\ntogether with costs and disbursements, unless the defaulting party shows\ngood cause for failure to make application for relief from the judgment\nor order directing such payment prior to the accrual of such arrears.\nThe court shall not make an order reducing or cancelling arrears unless\nthe facts and circumstances constituting good cause are set forth in a\nwritten memorandum of decision. The application for such order shall be\nupon such notice to the spouse or other person as the court may direct.\nSuch judgment may be enforced by execution or in any other manner\nprovided by law for the collection of money judgments. The relief herein\nprovided for is in addition to any and every other remedy to which a\nspouse may be entitled under the law; provided that when a judgment for\nsuch arrears or any part thereof shall have been entered pursuant to\nthis section, such judgment shall thereafter not be subject to\nmodification under the discretionary power granted by this section; and\nafter the entry of such judgment the judgment creditor shall not\nhereafter be entitled to collect by any form of remedy any greater\nportion of such arrears than that represented by the judgment so\nentered. Such judgment shall provide for the payment of interest on the\namount of any arrears if the default was willful, in that the obligated\nspouse knowingly, consciously and voluntarily disregarded the obligation\nunder a lawful court order. Such interest shall be computed from the\ndate on which the payment was due, at the prevailing rate of interest on\njudgments as provided in the civil practice law and rules.\n