Commitment

§ 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.