S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5979

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 23, 2009
                               ___________

Introduced by M. of A. WEINSTEIN, JOHN -- Multi-Sponsored by -- M. of A.
  CHRISTENSEN,  CLARK,  GALEF, GLICK, GREENE, HOOPER, ORTIZ -- read once
  and referred 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:

  Section  1.  Section  243 of the domestic relations law, as amended by
chapter 281 of the laws of 1980, is amended to read as follows:
  S 243. Security for payments by defendant in action for divorce, sepa-
ration or annulment; sequestration. Where  a  judgment  rendered  or  an
order  made in an action in this state for divorce, separation or annul-
ment, or for a declaration of nullity of a void marriage, or a  judgment
rendered  in  another state for divorce upon any of the grounds provided
in section one hundred seventy of this chapter,  or  for  separation  or
separate  support  and  maintenance  for  any of the causes specified in
section two hundred OF THIS CHAPTER, or for relief, however  designated,
granted  upon grounds which in this state would be grounds for annulment
of marriage or for a declaration of nullity of  a  void  marriage,  upon
which  an  action  has  been brought in this state and judgment rendered
therein, requires a spouse to provide for the education  or  maintenance
of  any  of the children of a marriage, or for the support of his or her
spouse, OR TO MAKE PAYMENTS PURSUANT TO A DISTRIBUTIVE AWARD OR  SETTLE-
MENT  OF  EQUITABLE  DISTRIBUTION  OF THE PROPERTY OF THE PARTIES TO ANY
SUCH ACTION, the court, in its discretion, also may  direct  the  spouse
from  whom  maintenance [or], support OR EQUITABLE DISTRIBUTION PAYMENTS
is sought to give reasonable security, in such a manner and within  such
a  time  as it thinks proper, for the payment, from time to time, of the
sums of money required for that purpose. If he or she fails to give  the
security,  or  to make any payment required by the terms of such a judg-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01551-01-9
              

A. 5979                             2

ment or order, whether or not security has been given  therefor,  or  to
pay  any sum of money for the support and maintenance of the children or
the support and maintenance of the spouse during  the  pendency  of  the
action,  OR TO MAKE PAYMENTS PURSUANT TO A DISTRIBUTIVE AWARD OR SETTLE-
MENT OF EQUITABLE DISTRIBUTION OF THE PROPERTY OF  THE  PARTIES  TO  ANY
SUCH  ACTION,  or  for  counsel  fees  and  expenses  which he or she is
required to pay by a judgment or order, the court may cause his  or  her
personal  property and the rents and profits of his or her real property
to be sequestered, and may appoint a receiver  thereof.  The  rents  and
profits  and  other property so sequestered may be applied, from time to
time, under the direction of the court, to the payment  of  any  of  the
sums of money specified in this section, as justice requires; and if the
same shall be insufficient to pay the sums of money required, the court,
on  application of the receiver, may direct the mortgage or sale of such
real property by the receiver, under such terms and conditions as it may
prescribe, sufficient to pay such sums.
  S 2. Section 245 of the domestic relations law, as amended by  chapter
809 of the laws of 1985, is amended to read as follows:
  S  245.  Enforcement  by  contempt proceedings of judgment or order in
action for divorce, separation or annulment.   Where  a  spouse,  in  an
action for divorce, separation, annulment or declaration of nullity of a
void  marriage,  or  for the enforcement in this state of a judgment for
divorce, separation, annulment or  declaration  of  nullity  of  a  void
marriage  rendered  in another state, makes default in paying any sum of
money as required by the judgment or order directing the payment  there-
of,  [and  it  appears  presumptively, to the satisfaction of the court,
that payment cannot be enforced pursuant to section two  hundred  forty-
three  or  two  hundred  forty-four of this chapter or section fifty-two
hundred forty-one or fifty-two hundred forty-two of the  civil  practice
law  and  rules,]  the aggrieved spouse may make application pursuant to
the provisions of section seven hundred fifty-six of the  judiciary  law
to  punish the defaulting spouse for contempt, and where the judgment or
order directs the payment to be  made  in  installments,  or  at  stated
intervals,  failure  to  make  such single payment or installment may be
punished as therein provided, and such punishment,  either  by  fine  or
commitment,  shall not be a bar to a subsequent proceeding to punish the
defaulting spouse as for  a  contempt  for  failure  to  pay  subsequent
installments,  but for such purpose such spouse may be proceeded against
under the said order in the same manner and  with  the  same  effect  as
though  such  installment  payment was directed to be paid by a separate
and distinct order, and the provisions of the civil rights law are here-
by superseded so far as they are in conflict therewith.   Such  applica-
tion may also be made without any previous sequestration or direction to
give  security [where the court is satisfied that they would be ineffec-
tual], OR ANY APPLICATION FOR ENFORCEMENT BY ANY OTHER MEANS.  No demand
of any kind upon the defaulting spouse shall be necessary in order  that
he or she be proceeded against and punished for failure to make any such
payment  or  to  pay  any  such  installment;  personal service upon the
defaulting spouse of an uncertified copy of the judgment or order  under
which the default has occurred shall be sufficient.
  S  3.  This act shall take effect immediately and apply to all actions
currently commenced as  well  as  all  judgments  or  orders  previously
entered.