N.Y. Family Court Act § 460: Entry and docketing of a money judgment

§ 460. Entry and docketing of a money judgment. 1. Where the family

court enters an order:

(a) requiring any party to provide for the support of another party,

or child, or both; or

(b) providing for the support or maintenance of a spouse or former

spouse, or child, or both, on a referral from the supreme court in an

action for divorce, separation, annulment or a proceeding for the

determination of the custody of a minor by writ of habeas corpus or by

petition and order to show cause; or

(c) enforcing or modifying an order or decree of a court of competent

jurisdiction not of the state of New York providing for the support of

the petitioner and/or child support; or

(d) awarding support under article five-B of this act; or

(e) awarding counsel fees under this act;

and the party defaults in paying any sum of money due as required by the

order directing the payment thereof, the court, without regard to the

amount due, shall make an order directing the entry of judgment for the

amount of child support arrears, 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 such 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

made upon such notice to the party or other person as the court may

direct. Such judgment shall provide for the payment of interest on the

amount of any arrears if the default was willful, in that the defaulting

party 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.

2. A certified copy of the order directing the entry of a money

judgment shall be entered in the office of the clerk of the county in

which the proceeding was commenced. Said clerk shall docket the same in

the book kept by him for the docketing of judgments as if said order

were a transcript of a judgment directed for the amount designated in

the order. An order docketed under this subdivision shall have the same

effect as a docketed judgment entered in the supreme court within the

county where it is docketed and may be enforced by execution or in any

other manner provided by law for the collection of a money judgment.

3. The relief provided for herein shall be in addition to any and

every other remedy which may be provided under the law including, but

not limited to, the remedies provided under the provisions of section

four hundred fifty-four of this act and sections fifty-two hundred

forty-one and fifty-two hundred forty-two of the civil practice law and

rules; provided that when a judgment for such arrears has been entered

pursuant to this section, such judgment shall not thereafter be subject

to modification or be affected by the provisions of section four hundred

sixty-two of this act. After the entry of any order hereunder, the

judgment creditor shall not thereafter be entitled to collect, by any

form of remedy, any greater portion of such arrears than that

represented by the order so entered.