N.Y. Family Court Act § 455: Commitment

§ 455. Commitment. 1. The court may at any time suspend an order of

commitment upon such reasonable conditions, if any, as the court deems

appropriate to carry out the purposes of this article without placing

the respondent on probation or may place him on probation under such

conditions as the court may determine and in accordance with the

provisions of the criminal procedure law. For good cause shown, the

court may at any time revoke the suspension of the order of commitment.

2. Except as provided in article five-B of this act, any respondent

against whom an order of commitment has been issued, if financially

unable to comply with any lawful order issued under this article, upon

such notice to such parties as the court may direct, may make

application to the court for an order relieving him or her of payments

directed in such order and the commitment order. The court, upon the

hearing on such application, if satisfied by competent proof that the

respondent is financially unable to comply with such order may, upon a

showing of good cause until further order of the court, modify such

order and relieve the respondent from the commitment 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

order directing payment prior to the accrual of such arrears. Such

modification may increase the amount to be paid pursuant to a lawful

order issued under this article nunc pro tunc based on newly discovered

evidence.

3. 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 payment pursuant to the

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

with the order to make such payment, then the court may, upon a showing

of good cause modify or revoke its order relieving such person totally

or partially from making such payment.

4. Notwithstanding any inconsistent provision of this article, the

provision of any order issued under this article requiring the payment

of money by one spouse for the support of the other shall be suspended

and inoperative so far as punishment for contempt is concerned during

the period in which the defaulting spouse is imprisoned pursuant to any

order adjudging him or her in contempt for failure to comply with any

provision in such order.

5. Any respondent may assert his or her financial inability to comply

with the directions contained in an order issued under this article or

an order or judgment entered in a matrimonial action or in an action for

the enforcement in this state of a judgment in a matrimonial action

rendered in another state, as a defense in a proceeding instituted

against him or her under subdivision one of section four hundred

fifty-four of this article or under the judiciary law to punish him or

her for failure to comply with such directions. If the court, upon the

hearing of such contempt proceeding, is satisfied by competent proof

that the respondent 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 respondent for contempt; provided, however,

that if an order or judgement for child support issued by another state

is before the court solely for enforcement, the court may only modify

the order in accordance with article five-B of this act. No such

modification shall reduce or annul arrears accrued prior to the making

of such application for modification unless the defaulting party shows

good cause for failure to make application for relief from the order or

judgment 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.