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Family Court Law

Consolidated Laws of NY's FCA code

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Part 5 - Article 4 - Family Court

COMPLIANCE WITH ORDERS

Section Description
451 Continuing jurisdiction.
453 Petition; violation of court order.
454 Powers of the court on violation of a support order.
455 Commitment.
456 Probation.
457 Order of sequestration on failure to obey support order.
458-A Enforcement of arrears; Suspension of driving privileges.
458-B Child support proceedings and enforcement of arrears; suspension of state professional, occupational and business licenses.
458-C Child support proceedings and enforcement of arrears; suspension of recreational licenses.
459 Additional arrears.
460 Entry and docketing of a money judgment.
  S 451. Continuing  jurisdiction.  1.  Except  as provided in article
  five-B of this act, the  court  has  continuing  jurisdiction  over  any
  support  proceeding  brought  under  this  article until its judgment is
  completely satisfied and may modify,  set  aside  or  vacate  any  order
  issued  in  the  course  of  the proceeding, provided, however, that the
  modification, set aside or vacatur  shall  not  reduce  or  annul  child
  support  arrears  accrued prior to the making of an application pursuant
  to this section. The court shall not reduce or annul any  other  arrears
  unless  the  defaulting  party  shows  good  cause  for  failure to make
  application for relief from the  judgment  or  order  directing  payment
  prior  to  the  accrual  of  the  arrears,  in  which case the facts and
  circumstances constituting such good cause  shall  be  set  forth  in  a
  written  memorandum  of  decision.  A  modification may increase support
  payments nunc pro tunc as of the date of  the  initial  application  for
  support  based  on  newly discovered evidence. Any retroactive amount of
  support due shall be paid and be enforceable as provided in section four
  hundred forty of this article. Upon  an  application  to  set  aside  or
  vacate  an  order  of  support, no hearing shall be required unless such
  application shall  be  supported  by  affidavit  and  other  evidentiary
  material  sufficient  to  establish  a  prima  facie case for the relief
  requested.
    2. A proceeding to modify an order of support shall  be  commenced  by
  the filing of a petition which shall allege facts sufficient to meet one
  or more of the grounds enumerated in subdivision three of this section.
    3.  (a)  The  court may modify an order of child support, including an
  order incorporating without merging an agreement or stipulation  of  the
  parties,  upon  a  showing  of  a  substantial  change in circumstances.
  Incarceration shall not be a bar to  finding  a  substantial  change  in
  circumstances   provided   such  incarceration  is  not  the  result  of
  non-payment of  a  child  support  order,  or  an  offense  against  the
  custodial parent or child who is the subject of the order or judgment.
    (b) In addition, unless the parties have specifically opted out of the
  following  provisions  in  a  validly  executed agreement or stipulation
  entered into between the parties, the court may modify an order of child
  support where:
    (i) three years have passed since the order was entered, last modified
  or adjusted; or
    (ii) there has been a change in either party's gross income by fifteen
  percent or more since the order was entered, last modified, or adjusted.
  A  reduction  in  income  shall  not  be  considered  as  a  ground  for
  modification  unless  it was involuntary and the party has made diligent
  attempts to secure employment commensurate with his  or  her  education,
  ability, and experience.

  S 453. Petition; violation of court order. Proceedings under this part
  shall be originated by the filing of a petition containing an allegation
  that the respondent has failed to obey a lawful order of this court.
    (a)  Persons who may originate and prosecute proceedings. The original
  petitioner, the support collection unit on behalf of persons in  receipt
  of  public  assistance or in receipt of services pursuant to section one
  hundred eleven-g of the social services law, or any person to  whom  the
  order  is  payable  expressly  or  who  may  originate proceedings under
  section four hundred  twenty-two  of  this  article  may  originate  and
  prosecute a proceeding under this part.
    (b)  Issuance  of  summons.  Upon  the filing of a petition under this
  part, the court may cause a copy of the petition and  a  summons  to  be
  issued,  requiring  the  respondent  to  show cause why he should not be
  dealt with in accordance with section four hundred  fifty-four  of  this
  part. The summons shall include on its face, printed or typewritten in a
  size  equal  to  at  least  eight point bold type, a notice, warning the
  respondent that a failure to appear in court  may  result  in  immediate
  arrest,  and  that,  after  an  appearance  in court, a finding that the
  respondent willfully failed to obey the order may result  in  commitment
  to  jail for a term not to exceed six months, for contempt of court. The
  notice shall also advise the respondent of the right to counsel, and the
  right to assigned counsel, if indigent.
    (c) Service of summons. Upon the issuance of a summons, the provisions
  of section four hundred twenty-seven of this article shall apply, except
  that no  order  of  commitment  may  be  entered  upon  the  default  in
  appearance  by  the  respondent  if  service has been made by mail alone
  notwithstanding proof of  actual  notice  of  the  commencement  of  the
  proceeding.
    (d) Issuance of warrant. The court may issue a warrant, directing that
  the  respondent  be  arrested  and brought before the court, pursuant to
  section four hundred twenty-eight of this article.

  S 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, 2017

  S 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.

  S 456. Probation. (a) No person may be placed on probation under this
  article unless the court makes an order to that effect,  either  at  the
  time  of the making of an order of support or under section four hundred
  fifty-four. The period of probation may continue so long as an order  of
  support,  order  of  protection  or  order of visitation applies to such
  person.
    (b) The court may at any time, where circumstances warrant it,  revoke
  an  order  of  probation. Upon such revocation, the probationer shall be
  brought to court, which may, without further  hearing,  make  any  order
  that might have been made at the time the order of probation was made.

  S 457. Order of sequestration on failure to obey support order. If an
  order of support is made under  this  article  and  the  respondent  has
  failed to obey it and either leaves or threatens to leave the state, the
  court on application may issue an order of sequestration of his property
  within the state, providing that such property may be taken, sequestered
  and  applied  in  like  manner  as  is  provided in section four hundred
  twenty-nine.

  S 458-A. Enforcement  of  arrears; Suspension of driving privileges.
  (a) If the respondent has accumulated support arrears equivalent  to  or
  greater  than  the  amount  of support due pursuant to court order for a
  period of four months, the court  may  order  the  department  of  motor
  vehicles  to  suspend  the  respondent's driving privileges, and if such
  order issues, the respondent  may  apply  to  the  department  of  motor
  vehicles  for  a restricted use license pursuant to section five hundred
  thirty of the vehicle and traffic law. The court may at  any  time  upon
  payment of arrears or partial payment of arrears by the respondent order
  the  department  of  motor  vehicles  to  terminate  the  suspension  of
  respondent's driving privileges. For purposes of determining  whether  a
  support obligor has accumulated support arrears equivalent to or greater
  than  the  amount of support due for a period of four months, the amount
  of any retroactive support, other than periodic payments of  retroactive
  support  which are past due, shall not be included in the calculation of
  support arrears pursuant to this section.
    (b) If the respondent, after receiving appropriate  notice,  fails  to
  comply  with  a  summons, subpoena or warrant relating to a paternity or
  child support proceeding, the court may order the  department  of  motor
  vehicles  to  suspend the respondent's driving privileges. The court may
  subsequently order the department of motor  vehicles  to  terminate  the
  suspension  of  the  respondent's driving privileges; however, the court
  shall order the  termination  of  such  suspension  when  the  court  is
  satisfied  that  the respondent has fully complied with the requirements
  of all summonses, subpoenas and warrants  relating  to  a  paternity  or
  child  support  proceeding.  Nothing in this subdivision shall authorize
  the court to terminate the respondent's suspension of driving privileges
  except as provided in this subdivision.
    (c) The provisions of subdivision (a) of this section shall not  apply
  to:
    (i)  respondents  who  are receiving public assistance or supplemental
  security income; or
    (ii) respondents whose income  as  defined  by  subparagraph  five  of
  paragraph  (b)  of  subdivision  one of section four hundred thirteen of
  this act falls below the self-support reserve as defined by subparagraph
  six of paragraph (b) of subdivision one of section four hundred thirteen
  of this act; or
    (iii) respondents whose income as  defined  by  subparagraph  five  of
  paragraph  (b)  of  subdivision  one of section four hundred thirteen of
  this act remaining after the payment of the current  support  obligation
  would fall below the self-support reserve as defined by subparagraph six
  of  paragraph (b) of subdivision one of section four hundred thirteen of
  this act.
    (d)  The  court's  discretionary  decision  not  to  suspend   driving
  privileges  shall not have any res judicata effect or preclude any other
  agency with statutory  authority  to  direct  the  department  of  motor
  vehicles to suspend driving privileges.

  S 458-B. Child  support  proceedings  and  enforcement  of  arrears;
  suspension of state professional, occupational  and  business  licenses.
  (a)  If  the respondent has accumulated support arrears equivalent to or
  greater than the amount of support due pursuant to  court  order  for  a
  period  of  four months and the court has determined that the respondent
  is licensed, permitted or registered by or  with  a  board,  department,
  authority  or  office  of  this  state  to  conduct  a  trade, business,
  profession or occupation, the court may order  such  board,  department,
  authority or office to commence proceedings as required by law regarding
  the  suspension  of  such  license, permit, registration or authority to
  practice and to inform the court of the actions it has taken pursuant to
  such proceedings. For purposes of determining whether a  respondent  has
  accumulated  support arrears equivalent to or greater than the amount of
  support due for a period of four months, the amount of  any  retroactive
  support,  other  than periodic payments of retroactive support which are
  past due, shall not be included in the calculation  of  support  arrears
  pursuant to this section.
    (b)    If  the respondent after receiving appropriate notice, fails to
  comply with a summons, subpoena or warrant relating to  a  paternity  or
  child  support  proceeding,  and  the  court  has  determined  that  the
  respondent is licensed, permitted or registered  by  or  with  a  board,
  department,  authority  or  office of this state or one of its political
  subdivisions  or  instrumentalities  to  conduct  a   trade,   business,
  profession  or  occupation,  the court may order such board, department,
  authority or office to commence proceedings as required by law regarding
  the suspension of such license, permit,  registration  or  authority  to
  practice and to inform the court of the actions it has taken pursuant to
  such   proceeding.   The   court  may  subsequently  order  such  board,
  department, authority or office  to  terminate  the  suspension  of  the
  respondent's  license,  permit,  registration  or authority to practice;
  however, the court shall order the termination of such  suspension  when
  the  court  is satisfied that the respondent has fully complied with the
  requirements of all summonses, subpoenas  and  warrants  relating  to  a
  paternity or child support proceeding.
    (c) If the court determines that the suspension of the license, permit
  or  registration  of  the respondent would create an extreme hardship to
  either the licensee, permittee or registrant or to persons  whom  he  or
  she  serves,  the  court  may,  in lieu of suspension, suspend the order
  described in subdivision (a) of this section to the licensing entity for
  a period not to exceed one year.  If on or before the expiration of this
  period the court has not received competent proof presented  at  hearing
  that  the  respondent  is  in  full  compliance  with his or her support
  obligation and has  fully  complied  with  all  summons,  subpoenas  and
  warrants  relating to a paternity or child support proceeding, the court
  shall cause the suspension of the order to be removed and shall  further
  cause such order to be served upon the licensing entity.
    (d)  The provisions of subdivision (a) of this section shall not apply
  to:
    (i)  respondents who are receiving public assistance  or  supplemental
  security income; or
    (ii)    respondents  whose  income  as defined by subparagraph five of
  paragraph (b) of subdivision one of section  four  hundred  thirteen  of
  this act falls below the self-support reserve as defined by subparagraph
  six of paragraph (b) of subdivision one of section four hundred thirteen
  of this act; or
    (iii)    respondents  whose  income as defined by subparagraph five of
  paragraph (b) of subdivision one of section  four  hundred  thirteen  of
  this  act  remaining after the payment of the current support obligation
  would fall below the self-support reserve as defined by subparagraph six
  of paragraph (b) of subdivision one of section four hundred thirteen  of
  this act.
    (e)  The  court  shall  inform the respondent that competent proof for
  purposes of proving payment to a licensing entity shall be  a  certified
  check,  notice  issued by the court, or notice from a support collection
  unit where the order is for payment to the support collection unit.

  S 458-C. Child  support  proceedings  and  enforcement  of  arrears;
  suspension  of  recreational  licenses.    (a)  If  the  respondent  has
  accumulated  support arrears equivalent to or greater than the amount of
  support due pursuant to court order for a period  of  four  months,  the
  court   may   order  any  agency  responsible  for  the  issuance  of  a
  recreational license to suspend or refuse to reissue a  license  to  the
  respondent,  or deny application for such license by the respondent. For
  purposes of determining whether a  respondent  has  accumulated  support
  arrears  equivalent  to  or greater than the amount of support due for a
  period of four months, the amount of any retroactive support, other than
  periodic payments of retroactive support which are past due,  shall  not
  be  included  in  the  calculation  of  support arrears pursuant to this
  section.
    (b) If the respondent, after receiving appropriate  notice,  fails  to
  comply  with  a summons, subpoena, or warrant relating to a paternity or
  child support proceeding, the court may order any agency responsible for
  the issuance of a recreational  license  to  suspend  or  to  refuse  to
  reissue  a  license  to  the  respondent or to deny application for such
  license by the respondent. The court may subsequently order such  agency
  to  terminate  the  adverse  action  regarding the respondent's license;
  however, the court shall order the termination  of  such  suspension  or
  other adverse action when the court is satisfied that the respondent has
  fully  complied  with  the  requirements  of all summons, subpoenas, and
  warrants relating to a paternity or child support proceeding.
    (c) The provisions of subdivision (a) of this section shall not  apply
  to:
    (i)  respondents  who  are receiving public assistance or supplemental
  security income; or
    (ii) respondents whose income  as  defined  by  subparagraph  five  of
  paragraph  (b)  of  subdivision  one of section four hundred thirteen of
  this act falls below the self-support reserve as defined by subparagraph
  six of paragraph (b) of subdivision one of section four hundred thirteen
  of this article; or
    (iii) respondents whose income as  defined  by  subparagraph  five  of
  paragraph  (b)  of  subdivision  one of section four hundred thirteen of
  this  article  remaining  after  the  payment  of  the  current  support
  obligation  would  fall  below  the  self-support  reserve as defined by
  subparagraph six of paragraph (b) of subdivision  one  of  section  four
  hundred thirteen of this article.

  S 459. Additional arrears. If a respondent has failed to obey a lawful
  order  under  this  article  the party seeking enforcement may amend the
  petition to include any additional arrears which have accrued  from  the
  commencement  of  such  enforcement  proceeding  up  to  the date of the
  hearing, provided that written notice of the intention to so  amend  has
  been given eight days previously.

  S 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.

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