§ 460 — Entry and docketing of a money judgment

New York § 460

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

Text

§ 460. Entry and docketing of a money judgment. 1. Where the family\ncourt enters an order:\n (a) requiring any party to provide for the support of another party,\nor child, or both; or\n (b) providing for the support or maintenance of a spouse or former\nspouse, or child, or both, on a referral from the supreme court in an\naction for divorce, separation, annulment or a proceeding for the\ndetermination of the custody of a minor by writ of habeas corpus or by\npetition and order to show cause; or\n (c) enforcing or modifying an order or decree of a court of competent\njurisdiction not of the state of New York providing for the support of\nthe petitioner and/or child support; or\n (d) awarding support under article five-B of this act; or\n (e) awarding counsel fees under this act;\nand the party defaults in paying any sum of money due as required by the\norder directing the payment thereof, the court, without regard to the\namount due, shall make an order directing the entry of judgment for the\namount of child support arrears, together with costs and disbursements.\nThe court shall make an order directing the entry of judgment for the\namount of arrears of any other payments so directed, together with costs\nand disbursements, unless the defaulting party shows good cause for\nfailure to make application for relief from the judgment or order\ndirecting such payment prior to the accrual of such arrears. The court\nshall not make an order reducing or cancelling such arrears unless the\nfacts and circumstances constituting good cause are set forth in a\nwritten memorandum of decision. The application for such order shall be\nmade upon such notice to the party or other person as the court may\ndirect. Such judgment shall provide for the payment of interest on the\namount of any arrears if the default was willful, in that the defaulting\nparty 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 2. A certified copy of the order directing the entry of a money\njudgment shall be entered in the office of the clerk of the county in\nwhich the proceeding was commenced. Said clerk shall docket the same in\nthe book kept by him for the docketing of judgments as if said order\nwere a transcript of a judgment directed for the amount designated in\nthe order. An order docketed under this subdivision shall have the same\neffect as a docketed judgment entered in the supreme court within the\ncounty where it is docketed and may be enforced by execution or in any\nother manner provided by law for the collection of a money judgment.\n 3. The relief provided for herein shall be in addition to any and\nevery other remedy which may be provided under the law including, but\nnot limited to, the remedies provided under the provisions of section\nfour hundred fifty-four of this act and sections fifty-two hundred\nforty-one and fifty-two hundred forty-two of the civil practice law and\nrules; provided that when a judgment for such arrears has been entered\npursuant to this section, such judgment shall not thereafter be subject\nto modification or be affected by the provisions of section four hundred\nsixty-two of this act. After the entry of any order hereunder, the\njudgment creditor shall not thereafter be entitled to collect, by any\nform of remedy, any greater portion of such arrears than that\nrepresented by the order so entered.\n