Bill Text: NY S05189 | 2015-2016 | General Assembly | Introduced
Bill Title: Relates to providing additional enforcement mechanisms for collection of spousal or child support.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2016-09-29 - SIGNED CHAP.365 [S05189 Detail]
Download: New_York-2015-S05189-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
5189
2015-2016 Regular Sessions
I N S E N A T E
May 6, 2015
___________
Introduced by Sen. BONACIC -- (at request of the Office of Court Admin-
istration) -- read twice and ordered printed, and when printed to be
committed to the Committee on Judiciary
AN ACT to amend the domestic relations law, in relation to providing
additional enforcement mechanisms for collection of spousal or child
support
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 245 of the domestic relations law, as amended by
2 chapter 809 of the laws of 1985, is amended to read as follows:
3 S 245. Enforcement by contempt proceedings of judgment or order in
4 action for divorce, separation or annulment. Where a spouse, in an
5 action for divorce, separation, annulment or declaration of nullity of a
6 void marriage, or for the enforcement in this state of a judgment for
7 divorce, separation, annulment or declaration of nullity of a void
8 marriage rendered in another state, makes default in paying any sum of
9 money as required by the judgment or order directing the payment there-
10 of, [and it appears presumptively, to the satisfaction of the court,
11 that payment cannot be enforced pursuant to section two hundred forty-
12 three or two hundred forty-four of this chapter or section fifty-two
13 hundred forty-one or fifty-two hundred forty-two of the civil practice
14 law and rules,] the aggrieved spouse may make application pursuant to
15 the provisions of section seven hundred fifty-six of the judiciary law
16 to punish the defaulting spouse for contempt, and where the judgment or
17 order directs the payment to be made in installments, or at stated
18 intervals, failure to make such single payment or installment may be
19 punished as therein provided, and such punishment, either by fine or
20 commitment, shall not be a bar to a subsequent proceeding to punish the
21 defaulting spouse as for a contempt for failure to pay subsequent
22 installments, but for such purpose such spouse may be proceeded against
23 under the said order in the same manner and with the same effect as
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09887-01-5
S. 5189 2
1 though such installment payment was directed to be paid by a separate
2 and distinct order, and the provisions of the civil rights law are here-
3 by superseded so far as they are in conflict therewith. Such applica-
4 tion may also be made without any previous sequestration or direction to
5 give security [where the court is satisfied that they would be ineffec-
6 tual] OR ANY APPLICATION FOR ENFORCEMENT BY ANY OTHER MEANS. No demand
7 of any kind upon the defaulting spouse shall be necessary in order that
8 he or she be proceeded against and punished for failure to make any such
9 payment or to pay any such installment; personal service upon the
10 defaulting spouse of an uncertified copy of the judgment or order under
11 which the default has occurred shall be sufficient.
12 S 2. This act shall take effect immediately and shall apply to all
13 actions whenever commenced as well as all judgements or orders previous-
14 ly entered.
