N.Y. Domestic Relations Law § 246

NEW YORK DOMESTIC RELATIONS LAW (Chapter 14) § 246 — Persons financially unable to comply with orders o DRL § 246 Persons financially unable to comply with orders or judgmentsdirecting the payment of alimony. 1 ARTICLE 13 Provisions Applicable to More Than One Type of Matrimonial Action § 246. Persons financially unable to comply with orders or judgmentsdirecting the payment of alimony. 1. Any person who, by an order orjudgment made or entered in an action for divorce, separation, annulmentor declaration of the nullity of a void marriage or an action for theenforcement in this state of a judgment for divorce, separation orannulment or declaring the nullity of a void marriage rendered inanother state, is directed to make payment of any sum or sums of moneyand against whom an order to punish for a contempt of court has beenmade pursuant to the provisions of section two hundred forty-five ofthis chapter or the judiciary law may, if financially unable to complywith the order or judgment to make such payment, upon such notice tosuch parties as the court may direct, make application to the court foran order relieving him from such payment and such contempt order. Thecourt, upon the hearing of such application, if satisfied from theproofs and evidence offered and submitted that the applicant isfinancially unable to make such payment may, upon a showing of goodcause, until further order of the court, modify the order or judgment tomake such payment and relieve him from such contempt order. No suchmodification shall reduce or annul unpaid sums or installments accruedprior to the making of such application unless the defaulting partyshows good cause for failure to make application for relief from thejudgement or order directing such payment prior to the accrual of sucharrears. Such modification may increase such support nunc pro tuncbased on newly discovered evidence.2. Whenever, upon application to the court by an interested party, itappea to the accrual of sucharrears. Such modification may increase such support nunc pro tuncbased on newly discovered evidence.2. Whenever, upon application to the court by an interested party, itappears to the satisfaction of the court that any person, who has beenrelieved totally or partially from making any such payment pursuant tothe provisions of this section, is no longer financially unable tocomply with the order or judgment to make such payment, then the courtmay, upon a showing of good cause, modify or revoke its order relievinghim totally or partially from making such payment.3. Any person may assert his financial inability to comply with thedirections contained in an order or judgment made or entered in anaction for divorce, separation, annulment or declaration of the nullityof a void marriage or an action for the enforcement in this state of ajudgment for divorce, separation or annulment or declaring the nullityof a void marriage rendered in another state, as a defense in aproceeding instituted against him under section two hundred forty-fiveor under the judiciary law to punish him for his failure to comply withsuch directions and, if the court, upon the hearing of such contemptproceeding, is satisfied from the proofs and evidence offered andsubmitted that the defendant is financially unable to comply with suchorder or judgment, it may, in its discretion, until further order of thecourt, make an order modifying such order or judgment and denying theapplication to punish the defendant for contempt. No such modificationshall reduce or annul arrears accrued prior to the making of suchapplication unless the defaulting party shows good cause for failure tomake application for relief from the judgment or order directing suchpayment prior to the accrual of such arrears. Such modification mayincrease such support nunc pro tunc as of the date of the applicationbased on newly discovered evidence. Any retroactive amount of supportdue shall be paid in l of such arrears. Such modification mayincrease such support nunc pro tunc as of the date of the applicationbased on newly discovered evidence. Any retroactive amount of supportdue shall be paid in one sum or periodic sums, as the court shalldirect, taking into account any amount of temporary support which hasbeen paid. Source: NYSenate.gov Open Legislation | Laws of New York Page 1