N.Y. Family Court Act § 454: Powers of the court on violation of a support order

§ 454. Powers of the court on violation of a support order. 1. If a

respondent is brought before the court for failure to obey any lawful

order of support and if, after hearing, the court is satisfied by

competent proof that the respondent has failed to obey any such order,

the court may use any or all of the powers conferred upon it by this

part. The court has the power to use any or all enforcement powers in

every proceeding brought for violation of a court order under this part

regardless of the relief requested in the petition.

2. Upon a finding that a respondent has failed to comply with any

lawful order of support:

(a) the court shall enter a money judgment under section four hundred

sixty of this article; and

(b) the court may make an income deduction order for support

enforcement under section fifty-two hundred forty-two of the civil

practice law and rules;

(c) the court may require the respondent to post an undertaking under

section four hundred seventy-one of this article;

(d) the court may make an order of sequestration under section four

hundred fifty-seven of this article.

(e) the court may suspend the respondent's driving privileges pursuant

to section four hundred fifty-eight-a of this article.

(f) the court may suspend the respondent's state professional or

business license pursuant to section four hundred fifty-eight-b of this

article;

(g) the court may suspend the recreational license or licenses of the

respondent pursuant to section four hundred fifty-eight-c of this

article.

(h) the court may require the respondent, if the persons for whom the

respondent has failed to pay support are applicants for or recipients of

public assistance, to participate in work activities as defined in title

nine-B of article five of the social services law. Those respondents

ordered to participate in work activities need not be applicants for or

recipients of public assistance.

(i) except as otherwise provided in paragraph (h) of this subdivision,

the court may require the respondent to participate in job training,

employment counseling or other programs designed to lead to employment

if authorized pursuant to section four hundred thirty-seven-a of this

article provided such programs are available.

3. Upon a finding by the court that a respondent has willfully failed

to obey any lawful order of support, the court shall order respondent to

pay counsel fees to the attorney representing petitioner pursuant to

section four hundred thirty-eight of this act and may in addition to or

in lieu of any or all of the powers conferred in subdivision two of this

section or any other section of law:

(a) commit the respondent to jail for a term not to exceed six months.

For purposes of this subdivision, failure to pay support, as ordered,

shall constitute prima facie evidence of a willful violation. Such

commitment may be served upon certain specified days or parts of days as

the court may direct, and the court may, at any time within the term of

such sentence, revoke such suspension and commit the respondent for the

remainder of the original sentence, or suspend the remainder of such

sentence. Such commitment does not prevent the court from subsequently

committing the respondent for failure thereafter to comply with any such

order; or

(b) require the respondent to participate in a rehabilitative program

if the court determines that such participation would assist the

respondent in complying with such order of support and access to such a

program is available. Such rehabilitative programs shall include, but

not be limited to, work preparation and skill programs, non-residential

alcohol and substance abuse programs and educational programs; or

(c) place the respondent on probation under such conditions as the

court may determine and in accordance with the provisions of the

criminal procedure law.

4. The court shall not deny any request for relief pursuant to this

section unless the facts and circumstances constituting the reasons for

its determination are set forth in a written memorandum of decision.

* 5. The court may review a support collection unit's denial of a

challenge made by a support obligor pursuant to paragraph (d) of

subdivision twelve of section one hundred eleven-b of the social

services law if objections thereto are filed by a support obligor who

has received notice that the office of temporary and disability

assistance intends to notify the department of motor vehicles that the

support obligor's driving privileges are to be suspended. Specific

written objections to a support collection unit's denial may be filed by

the support obligor within thirty-five days of the mailing of the notice

of the support collection unit's denial. A support obligor who files

such objections shall serve a copy of the objections upon the support

collection unit, which shall have ten days from such service to file a

written rebuttal to such objections and a copy of the record upon which

the support collection unit's denial was made, including all

documentation submitted by the support obligor. Proof of service shall

be filed with the court at the time of filing of objections and any

rebuttal. The court's review shall be based upon the record and

submissions of the support obligor and the support collection unit upon

which the support collection unit's denial was made. Within forty-five

days after the rebuttal, if any, is filed, the court shall (i) deny the

objections and remand to the support collection unit or (ii) affirm the

objections if the court finds the determination of the support

collection unit is based upon a clearly erroneous determination of fact

or error of law, whereupon the court shall direct the support collection

unit not to notify the department of motor vehicles to suspend the

support obligor's driving privileges. Provisions set forth herein

relating to procedures for appeal to the family court by individuals

subject to suspension of driving privileges for failure to pay child

support shall apply solely to such cases and not affect or modify any

other procedure for review or appeal of administrative enforcement of

child support requirements.

* NB Repealed August 31, 2027