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S05189 Summary:

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S05189 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5189
 
                               2015-2016 Regular Sessions
 
                    IN SENATE
 
                                       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    §  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    § 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.