N.Y. Domestic Relations Law § 244: Enforcement by execution of judgment or order in action for divorce, separation or annulment

§ 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.