§ 455 — Commitment

§ 455. Commitment. 1. The court may at any time suspend an order of\ncommitment upon such reasonable conditions, if any, as the court deems\nappropriate to carry out the purposes of this article without placing\nthe respondent on probation or may place him on probation under such\nconditions as the court may determine and in accordance with the\nprovisions of the criminal procedure law. For good cause shown, the\ncourt may at any time revoke the suspension of the order of commitment.\n 2. Except as provided in article five-B of this act, any respondent\nagainst whom an order of commitment has been issued, if financially\nunable to comply with any lawful order issued under this article, upon\nsuch notice to such parties as the court may direct, may make\napplication to the court for an order relieving him or her of payments\ndirected in such order and the commitment order. The court, upon the\nhearing on such application, if satisfied by competent proof that the\nrespondent is financially unable to comply with such order may, upon a\nshowing of good cause until further order of the court, modify such\norder and relieve the respondent from the commitment order. No such\nmodification shall reduce or annul unpaid sums or installments accrued\nprior to the making of such application unless the defaulting party\nshows good cause for failure to make application for relief from the\norder directing payment prior to the accrual of such arrears. Such\nmodification may increase the amount to be paid pursuant to a lawful\norder issued under this article nunc pro tunc based on newly discovered\nevidence.\n 3. Whenever, upon application to the court by an interested party, it\nappears to the satisfaction of the court that any person, who has been\nrelieved totally or partially from making any payment pursuant to the\nprovisions of this section, is no longer financially unable to comply\nwith the order to make such payment, then the court may, upon a showing\nof good cause modify or revoke its order relieving such person totally\nor partially from making such payment.\n 4. Notwithstanding any inconsistent provision of this article, the\nprovision of any order issued under this article requiring the payment\nof money by one spouse for the support of the other shall be suspended\nand inoperative so far as punishment for contempt is concerned during\nthe period in which the defaulting spouse is imprisoned pursuant to any\norder adjudging him or her in contempt for failure to comply with any\nprovision in such order.\n 5. Any respondent may assert his or her financial inability to comply\nwith the directions contained in an order issued under this article or\nan order or judgment entered in a matrimonial action or in an action for\nthe enforcement in this state of a judgment in a matrimonial action\nrendered in another state, as a defense in a proceeding instituted\nagainst him or her under subdivision one of section four hundred\nfifty-four of this article or under the judiciary law to punish him or\nher for failure to comply with such directions. If the court, upon the\nhearing of such contempt proceeding, is satisfied by competent proof\nthat the respondent is financially unable to comply with such order or\njudgment, it may, in its discretion, until further order of the court,\nmake an order modifying such order or judgment and denying the\napplication to punish the respondent for contempt; provided, however,\nthat if an order or judgement for child support issued by another state\nis before the court solely for enforcement, the court may only modify\nthe order in accordance with article five-B of this act. No such\nmodification shall reduce or annul arrears accrued prior to the making\nof such application for modification unless the defaulting party shows\ngood cause for failure to make application for relief from the order or\njudgment directing such payment prior to the accrual of such arrears.\nSuch modification may increase such support nunc pro tunc as of the date\nof the application based on newly discovered evidence. Any retroactive\namount of support due shall be paid in one sum or periodic sums, as the\ncourt shall direct, taking into account any amount of temporary support\nwhich has been paid.\n