Powers of the court on violation of a support order

§ 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, 2025