Skip to main content
Verified Current

N.Y. Dom. Rel. Law § 244

N.Y. Dom. Rel. Law § 244 - Enforcement by Execution of Judgment or Order in Matrimonial Actions (2024)

Official Source
Official source link unavailable
Freshness
Verified Currentlast checked

Verbatim reference text. This is the full, unedited text of N.Y. Dom. Rel. Law § 244, provided for reference only — it is not legal advice, and Divorce.law is not a law firm. Always confirm current wording against the official source.

NEW YORK DOMESTIC RELATIONS LAW (Chapter 14) § 244 — Enforcement by execution of judgment or order in a DRL § 244 Enforcement by execution of judgment or order in action fordivorce, separation or annulment ARTICLE 13 Provisions Applicable to More Than One Type of Matrimonial Action § 244. Enforcement by execution of judgment or order in action fordivorce, separation or annulment. Where a spouse in an action fordivorce, separation or annulment, or declaration of nullity of a voidmarriage, or a person other than a spouse when an action for anannulment is maintained after the death of a spouse, defaults in payingany sum of money as required by the judgment or order directing thepayment thereof, or as required by the terms of an agreement orstipulation incorporated by reference in a judgment, such directionshall be enforceable pursuant to section fifty-two hundred forty-one orfifty-two hundred forty-two of the civil practice law and rules. Uponapplication the court shall make an order directing the entry ofjudgment for the amount of arrears of child support together with costsand disbursements. The court shall make an order directing the entry ofjudgment for the amount of arrears of any other payments so directed,together with costs and disbursements, unless the defaulting party showsgood cause for failure to make application for relief from the judgmentor order directing such payment prior to the accrual of such arrears.The court shall not make an order reducing or cancelling arrears unlessthe facts and circumstances constituting good cause are set forth in awritten memorandum of decision. The application for such order shall beupon such notice to the spouse or other person as the court may direct.Such judgment may be enforced by execution or in any other mannerprovided by law for the collection of money judgments. The relief hereinprovided for is in addition to any and every other remedy to which aspouse may be entitled under the la or in any other mannerprovided by law for the collection of money judgments. The relief hereinprovided for is in addition to any and every other remedy to which aspouse may be entitled under the law; provided that when a judgment forsuch arrears or any part thereof shall have been entered pursuant tothis section, such judgment shall thereafter not be subject tomodification under the discretionary power granted by this section; andafter the entry of such judgment the judgment creditor shall nothereafter be entitled to collect by any form of remedy any greaterportion of such arrears than that represented by the judgment soentered. Such judgment shall provide for the payment of interest on theamount of any arrears if the default was willful, in that the obligatedspouse knowingly, consciously and voluntarily disregarded the obligationunder a lawful court order. Such interest shall be computed from thedate on which the payment was due, at the prevailing rate of interest onjudgments as provided in the civil practice law and rules. Source: NYSenate.gov Open Legislation | Laws of New York Page 1