NY Dom Rel L § 246 (2021)
2021 New York Laws DOM - Domestic Relations Article 13 - Provisions Applicable to More Than One Type of Matrimonial Action 246 - Persons Financially Unable to Comply With Orders or Judgments Directing the Payment of Alimony.

§  246.  Persons financially unable to comply with orders or judgments   directing the payment of alimony. 1. Any person  who,  by  an  order  or   judgment made or entered in an action for divorce, separation, annulment   or  declaration  of  the nullity of a void marriage or an action for the   enforcement in this state of  a  judgment  for  divorce,  separation  or   annulment  or  declaring  the  nullity  of  a  void marriage rendered in   another state, is directed to make payment of any sum or sums  of  money   and  against  whom  an  order to punish for a contempt of court has been   made pursuant to the provisions of section  two  hundred  forty-five  of   this  chapter  or the judiciary law may, if financially unable to comply   with the order or judgment to make such payment,  upon  such  notice  to   such  parties as the court may direct, make application to the court for   an order relieving him from such payment and such  contempt  order.  The   court,  upon  the  hearing  of  such  application, if satisfied from the   proofs  and  evidence  offered  and  submitted  that  the  applicant  is   financially  unable  to  make  such  payment may, upon a showing of good   cause, until further order of the court, modify the order or judgment to   make such payment and relieve him from  such  contempt  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   judgement or order directing such payment prior to the accrual  of  such   arrears.    Such  modification  may  increase such support nunc pro tunc   based on newly discovered evidence.2. 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 such payment  pursuant  to   the  provisions  of  this  section,  is  no longer financially unable to   comply with the order or judgment to make such payment, then  the  court   may,  upon a showing of good cause, modify or revoke its order relieving   him totally or partially from making such payment.3. Any person may assert his financial inability to  comply  with  the   directions  contained  in  an  order  or  judgment made or entered in an   action for divorce, separation, annulment or declaration of the  nullity   of  a  void marriage or an action for the enforcement in this state of a   judgment for divorce, separation or annulment or declaring  the  nullity   of  a  void  marriage  rendered  in  another  state,  as  a defense in a   proceeding instituted against him under section two  hundred  forty-five   or  under the judiciary law to punish him for his failure to comply with   such directions and, if the court, upon the  hearing  of  such  contempt   proceeding,  is  satisfied  from  the  proofs  and  evidence offered and   submitted that the defendant 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 defendant for contempt. No  such  modification   shall  reduce  or  annul  arrears  accrued  prior  to the making of such   application 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.  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.