N.Y. Domestic Relations Law § 246: Persons financially unable to comply with orders or judgments directing the payment of alimony

§ 246. Persons financially unable to comply with orders or judgments

directing the payment of alimony. 1. Any person who, by an order or

judgment made or entered in an action for divorce, separation, annulment

or declaration of the nullity of a void marriage or an action for the

enforcement in this state of a judgment for divorce, separation or

annulment or declaring the nullity of a void marriage rendered in

another state, is directed to make payment of any sum or sums of money

and against whom an order to punish for a contempt of court has been

made pursuant to the provisions of section two hundred forty-five of

this chapter or the judiciary law may, if financially unable to comply

with the order or judgment to make such payment, upon such notice to

such parties as the court may direct, make application to the court for

an order relieving him from such payment and such contempt order. The

court, upon the hearing of such application, if satisfied from the

proofs and evidence offered and submitted that the applicant is

financially unable to make such payment may, upon a showing of good

cause, until further order of the court, modify the order or judgment to

make such payment and relieve him from such contempt order. No such

modification shall reduce or annul unpaid sums or installments accrued

prior to the making of such application unless the defaulting party

shows good cause for failure to make application for relief from the

judgement or order directing such payment prior to the accrual of such

arrears. Such modification may increase such support nunc pro tunc

based on newly discovered evidence.

2. Whenever, upon application to the court by an interested party, it

appears to the satisfaction of the court that any person, who has been

relieved totally or partially from making any such payment pursuant to

the provisions of this section, is no longer financially unable to

comply with the order or judgment to make such payment, then the court

may, upon a showing of good cause, modify or revoke its order relieving

him totally or partially from making such payment.

3. Any person may assert his financial inability to comply with the

directions contained in an order or judgment made or entered in an

action for divorce, separation, annulment or declaration of the nullity

of a void marriage or an action for the enforcement in this state of a

judgment for divorce, separation or annulment or declaring the nullity

of a void marriage rendered in another state, as a defense in a

proceeding instituted against him under section two hundred forty-five

or under the judiciary law to punish him for his failure to comply with

such directions and, if the court, upon the hearing of such contempt

proceeding, is satisfied from the proofs and evidence offered and

submitted that the defendant is financially unable to comply with such

order or judgment, it may, in its discretion, until further order of the

court, make an order modifying such order or judgment and denying the

application to punish the defendant for contempt. No such modification

shall reduce or annul arrears accrued prior to the making of such

application 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. Such modification may

increase such support nunc pro tunc as of the date of the application

based on newly discovered evidence. Any retroactive amount of support

due shall be paid in one sum or periodic sums, as the court shall

direct, taking into account any amount of temporary support which has

been paid.