§ 454 — Powers of the court on violation of a support order

New York § 454

• Jurisdiction: New York
• Law FCT: Family Court Act
• Part 5: Compliance With Orders
• Art. 4: Support Proceedings

Text

§ 454. Powers of the court on violation of a support order. 1. If a\nrespondent is brought before the court for failure to obey any lawful\norder of support and if, after hearing, the court is satisfied by\ncompetent proof that the respondent has failed to obey any such order,\nthe court may use any or all of the powers conferred upon it by this\npart. The court has the power to use any or all enforcement powers in\nevery proceeding brought for violation of a court order under this part\nregardless of the relief requested in the petition.\n 2. Upon a finding that a respondent has failed to comply with any\nlawful order of support:\n (a) the court shall enter a money judgment under section four hundred\nsixty of this article; and\n (b) the court may make an income deduction order for support\nenforcement under section fifty-two hundred forty-two of the civil\npractice law and rules;\n (c) the court may require the respondent to post an undertaking under\nsection four hundred seventy-one of this article;\n (d) the court may make an order of sequestration under section four\nhundred fifty-seven of this article.\n (e) the court may suspend the respondent's driving privileges pursuant\nto section four hundred fifty-eight-a of this article.\n (f) the court may suspend the respondent's state professional or\nbusiness license pursuant to section four hundred fifty-eight-b of this\narticle;\n (g) the court may suspend the recreational license or licenses of the\nrespondent pursuant to section four hundred fifty-eight-c of this\narticle.\n (h) the court may require the respondent, if the persons for whom the\nrespondent has failed to pay support are applicants for or recipients of\npublic assistance, to participate in work activities as defined in title\nnine-B of article five of the social services law. Those respondents\nordered to participate in work activities need not be applicants for or\nrecipients of public assistance.\n (i) except as otherwise provided in paragraph (h) of this subdivision,\nthe court may require the respondent to participate in job training,\nemployment counseling or other programs designed to lead to employment\nif authorized pursuant to section four hundred thirty-seven-a of this\narticle provided such programs are available.\n 3. Upon a finding by the court that a respondent has willfully failed\nto obey any lawful order of support, the court shall order respondent to\npay counsel fees to the attorney representing petitioner pursuant to\nsection four hundred thirty-eight of this act and may in addition to or\nin lieu of any or all of the powers conferred in subdivision two of this\nsection or any other section of law:\n (a) commit the respondent to jail for a term not to exceed six months.\nFor purposes of this subdivision, failure to pay support, as ordered,\nshall constitute prima facie evidence of a willful violation. Such\ncommitment may be served upon certain specified days or parts of days as\nthe court may direct, and the court may, at any time within the term of\nsuch sentence, revoke such suspension and commit the respondent for the\nremainder of the original sentence, or suspend the remainder of such\nsentence. Such commitment does not prevent the court from subsequently\ncommitting the respondent for failure thereafter to comply with any such\norder; or\n (b) require the respondent to participate in a rehabilitative program\nif the court determines that such participation would assist the\nrespondent in complying with such order of support and access to such a\nprogram is available. Such rehabilitative programs shall include, but\nnot be limited to, work preparation and skill programs, non-residential\nalcohol and substance abuse programs and educational programs; or\n (c) place the respondent on probation under such conditions as the\ncourt may determine and in accordance with the provisions of the\ncriminal procedure law.\n 4. The court shall not deny any request for relief pursuant to this\nsection unless the facts and circumstances constituting the reasons for\nits determination are set forth in a written memorandum of decision.\n * 5. The court may review a support collection unit's denial of a\nchallenge made by a support obligor pursuant to paragraph (d) of\nsubdivision twelve of section one hundred eleven-b of the social\nservices law if objections thereto are filed by a support obligor who\nhas received notice that the office of temporary and disability\nassistance intends to notify the department of motor vehicles that the\nsupport obligor's driving privileges are to be suspended. Specific\nwritten objections to a support collection unit's denial may be filed by\nthe support obligor within thirty-five days of the mailing of the notice\nof the support collection unit's denial. A support obligor who files\nsuch objections shall serve a copy of the objections upon the support\ncollection unit, which shall have ten days from such service to file a\nwritten rebuttal to such objections and a copy of the record upon which\nthe support collection unit's denial was made, including all\ndocumentation submitted by the support obligor. Proof of service shall\nbe filed with the court at the time of filing of objections and any\nrebuttal. The court's review shall be based upon the record and\nsubmissions of the support obligor and the support collection unit upon\nwhich the support collection unit's denial was made. Within forty-five\ndays after the rebuttal, if any, is filed, the court shall (i) deny the\nobjections and remand to the support collection unit or (ii) affirm the\nobjections if the court finds the determination of the support\ncollection unit is based upon a clearly erroneous determination of fact\nor error of law, whereupon the court shall direct the support collection\nunit not to notify the department of motor vehicles to suspend the\nsupport obligor's driving privileges. Provisions set forth herein\nrelating to procedures for appeal to the family court by individuals\nsubject to suspension of driving privileges for failure to pay child\nsupport shall apply solely to such cases and not affect or modify any\nother procedure for review or appeal of administrative enforcement of\nchild support requirements.\n * NB Repealed August 31, 2027\n