New York Laws
Article 13 - Provisions Applicable to More Than One Type of Matrimonial Action
244 - Enforcement by Execution of Judgment or Order in Action for Divorce, Separation or Annulment.

ยง 244. Enforcement by execution of judgment or order in action for
divorce, separation or annulment. Where a spouse in an action for
divorce, separation or annulment, or declaration of nullity of a void
marriage, or a person other than a spouse when an action for an
annulment is maintained after the death of a spouse, defaults in paying
any sum of money as required by the judgment or order directing the
payment thereof, or as required by the terms of an agreement or
stipulation incorporated by reference in a judgment, such direction
shall be enforceable pursuant to section fifty-two hundred forty-one or
fifty-two hundred forty-two of the civil practice law and rules. Upon
application the court shall make an order directing the entry of
judgment for the amount of arrears of child support together with costs
and disbursements. The court shall make an order directing the entry of
judgment for the amount of arrears of any other payments so directed,
together with costs and disbursements, unless the defaulting party shows
good cause for failure to make application for relief from the judgment
or order directing such payment prior to the accrual of such arrears.
The court shall not make an order reducing or cancelling arrears unless
the facts and circumstances constituting good cause are set forth in a
written memorandum of decision. The application for such order shall be
upon such notice to the spouse or other person as the court may direct.
Such judgment may be enforced by execution or in any other manner
provided by law for the collection of money judgments. The relief herein
provided for is in addition to any and every other remedy to which a
spouse may be entitled under the law; provided that when a judgment for
such arrears or any part thereof shall have been entered pursuant to
this section, such judgment shall thereafter not be subject to
modification under the discretionary power granted by this section; and
after the entry of such judgment the judgment creditor shall not
hereafter be entitled to collect by any form of remedy any greater
portion of such arrears than that represented by the judgment so
entered. Such judgment shall provide for the payment of interest on the
amount of any arrears if the default was willful, in that the obligated
spouse knowingly, consciously and voluntarily disregarded the obligation
under a lawful court order. Such interest shall be computed from the
date on which the payment was due, at the prevailing rate of interest on
judgments as provided in the civil practice law and rules.

Structure New York Laws

New York Laws

DOM - Domestic Relations

Article 13 - Provisions Applicable to More Than One Type of Matrimonial Action

230 - Required Residence of Parties.

231 - Residence of Married Persons.

232 - Notice of Nature of Matrimonial Action; Proof of Service.

233 - Sequestration of Defendant's Property in Action for Divorce, Separation or Annulment Where Defendant Cannot Be Personally Served.

234 - Title to or Occupancy and Possession of Property.

235 - Information as to Details of Matrimonial Actions or Proceedings.

236 - Special Controlling Provisions; Prior Actions or Proceedings; New Actions or Proceedings.

237 - Counsel Fees and Expenses.

238 - Expenses in Enforcement and Modification Proceedings.

239 - Stay in Divorce or Separation Action on Default of Payment.

240 - Custody and Child Support; Orders of Protection.

240-A - Judgment or Decree; Additional Provision.

240-B - Order of Support by Parent.

240-C - Review and Cost of Living Adjustment of Child Support Orders.

240-D - Support Orders for Certain Adult Dependents.

241 - Interference With or Withholding of Visitation Rights; Alimony or Maintenance Suspension.

243 - Security for Payments by Defendant in Action for Divorce, Separation or Annulment; Sequestration.

244 - Enforcement by Execution of Judgment or Order in Action for Divorce, Separation or Annulment.

244-A - Enforcement of Arrears Which Accrue During Pendency of an Enforcement Proceeding.

244-B - Child Support Proceedings and Enforcement of Arrears; Suspension of Driving Privileges.

244-C - Child Support Proceedings and Enforcement of Arrears; Suspensions of State Professional, Occupational and Business Licenses.

244-D - Child Support Proceedings and Enforcement of Arrears; Suspension of Recreational License.

245 - Enforcement by Contempt Proceedings of Judgment or Order in Action for Divorce, Separation or Annulment.

246 - Persons Financially Unable to Comply With Orders or Judgments Directing the Payment of Alimony.

247 - Alimony or Maintenance Payments Suspended During Confinement in Prison.

248 - Modification of Judgment or Order in Action for Divorce or Annulment.

249 - Trial Preferences in Matrimonial Actions.

250 - Agreements Relating to Marriage; Statute of Limitations.

251 - Filing of Order in Family Court.

252 - Effect of Pendency of Action for Divorce, Separation or Annulment on Petition for Order of Protection.

253 - Removal of Barriers to Remarriage.

254 - Confidentiality.

255 - Prerequisites for Judgments Under Articles Nine, Ten and Eleven of This Chapter; Health Care Coverage.