N.Y. Family Court Act § 471: Undertaking for support and cash deposits

§ 471. Undertaking for support and cash deposits. The court may in its

discretion require either a written undertaking with sufficient surety

approved by the court or may require that cash be posted to secure

compliance by the respondent with the order for support for such period.

Such undertaking shall be for a definite period, not to exceed three

years, and the required amount of the principal of such undertaking

shall not exceed the total payments for support required for three years

and shall be so stated in the order for support. After hearing and for

good cause shown, the court may extend an undertaking requirement by

requiring a new undertaking similar to the original undertaking. The

respondent may deposit cash with the clerk, or when the court so orders,

with the support collection unit designated by the appropriate social

services district, when the order for support directs payments to such

unit. When such cash has been deposited with the support collection unit

and the respondent fails to make any payment, when due, within such

period, payment shall be made by the support collection unit to the

petitioner out of such cash. When cash is posted as security, as herein

provided, the person or persons so posting such cash shall at the

expiration of the period for which such security shall have been ordered

be entitled to the return of such cash less any amount which shall have

been paid therefrom to the petitioner by reason of any default or

defaults in payments on the part of the respondent. The form of the

undertaking and the form and manner of justification of the surety shall

conform to the rules of court.