S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9356
 
                           I N  A S S E M B L Y
 
                             February 23, 2022
                                ___________
 
 Introduced by M. of A. NORRIS -- read once and referred to the Committee
   on Judiciary
 
 AN  ACT  to amend the family court act, in relation to orders of seques-
   tration on failure to obey a support order
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 457 of the family court act, as amended by chapter
 721 of the laws of 1966, is amended to read as follows:
   § 457. Order of sequestration on failure to obey support order. If  an
 order  of  support  is  made  under  this article and the respondent has
 failed to obey it [and either leaves or threatens to leave  the  state],
 the  court  on application may issue an order of sequestration of his OR
 HER property within the state,  providing  that  such  property  may  be
 taken,  sequestered and applied in like manner as is provided in section
 four hundred twenty-nine.
   § 2. Section 429 of the family court act, as amended by chapter 281 of
 the laws of 1980, is amended to read as follows:
   § 429. Sequestration of respondent's property. [Where in a  proceeding
 under  this  article  it appears to the court that the respondent is not
 within the state, or cannot be found therein, or is  concealing  himself
 or herself therein, so that process cannot be personally served upon the
 respondent,  the]  THE  court may at any time and from time to time make
 any order or orders without notice directing the sequestration  of  [his
 or  her]  A  RESPONDENT'S  property,  both real and personal and whether
 tangible or intangible, within the state, and  may  appoint  a  receiver
 thereof, or by injunction or otherwise take the same into its possession
 and  control. The property thus sequestered and the income therefrom may
 be applied in whole or in part and from time to time, under  the  direc-
 tion of the court and as justice may require, to the payment of such sum
 or  sums  as the court may deem it proper to award, by order, and during
 the pendency of the proceeding or at the termination  thereof,  for  the
 SUPPORT,  education  or  maintenance of any of the RESPONDENT'S children
 [of a marriage], or for the support of a  spouse,  or  for  his  or  her
 expenses  in  bringing and carrying on said proceeding; and if the rents
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13498-02-1
 A. 9356                             2
 
 and profits of the real estate, together  with  the  other  property  so
 sequestered,  be  insufficient  to  pay  the sums of money required, the
 court, upon such terms and conditions as it may  prescribe,  may  direct
 the mortgage or sale of sufficient of said real estate to pay such sums.
 The court may appoint the petitioning [spouse] PARTY receiver or seques-
 trator  in  such  cases. [The court may authorize such spouse to use and
 occupy, free of any liability for rent or use and occupation  or  other-
 wise, any house or other suitable property of the respondent spouse as a
 dwelling  for  himself  or  herself  with or without the children of the
 marriage, and may likewise turn over to the petitioning spouse  for  the
 use  of  such  spouse  with  or without the children of the marriage any
 chattel or  chattels  of  the  respondent  spouse.]  The  relief  herein
 provided  for  is  in  addition to any and every other remedy to which a
 spouse may be entitled under the law.
   § 3. This act shall take effect immediately.