§ 471 — Undertaking for support and cash deposits

New York § 471

• Jurisdiction: New York
• Law FCT: Family Court Act
• Part 7: Undertaking
• Art. 4: Support Proceedings

Text

§ 471. Undertaking for support and cash deposits. The court may in its\ndiscretion require either a written undertaking with sufficient surety\napproved by the court or may require that cash be posted to secure\ncompliance by the respondent with the order for support for such period.\nSuch undertaking shall be for a definite period, not to exceed three\nyears, and the required amount of the principal of such undertaking\nshall not exceed the total payments for support required for three years\nand shall be so stated in the order for support. After hearing and for\ngood cause shown, the court may extend an undertaking requirement by\nrequiring a new undertaking similar to the original undertaking. The\nrespondent may deposit cash with the clerk, or when the court so orders,\nwith the support collection unit designated by the appropriate social\nservices district, when the order for support directs payments to such\nunit. When such cash has been deposited with the support collection unit\nand the respondent fails to make any payment, when due, within such\nperiod, payment shall be made by the support collection unit to the\npetitioner out of such cash. When cash is posted as security, as herein\nprovided, the person or persons so posting such cash shall at the\nexpiration of the period for which such security shall have been ordered\nbe entitled to the return of such cash less any amount which shall have\nbeen paid therefrom to the petitioner by reason of any default or\ndefaults in payments on the part of the respondent. The form of the\nundertaking and the form and manner of justification of the surety shall\nconform to the rules of court.\n