Statute:

Entry and docketing of a money judgment

ยง 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.

FCT 460 2014-09-22

Sections:

Article 4 - Support Proceedings
Part 1 - (411 - 418) Jurisdiction And Duties Of Support
411 - Jurisdiction
412 - Married person's duty to support spouse.
413 - Parents' duty to support child.
413-A - Review and cost of living adjustment of child support orders.
415 - Duties to support recipient of public assistance or welfare and patients in institutions in the department of mental hygiene.
416 - Elements of support; provisions for accident, life and health insurance benefits.
417 - Child of ceremonial marriage.
418 - Genetic marker and DNA tests; admissibility of records or reports of test results; costs of tests.
Part 2 - (421 - 430) Venue And Preliminary Procedure
421 - Venue.
422 - Persons who may originate proceedings.
423 - Petition; prior demand not required.
424 - Probation services.
424-A - Compulsory financial disclosure.
425 - Agreement to support.
426 - Issuance of summons.
427 - Service of summons.
428 - Issuance of warrant; certificate of warrant.
429 - Sequestration of respondent's property.
430 - Temporary order of protection.
Part 3 - (431 - 439-A) Hearing
431 - Preliminary procedure on warrant.
432 - Procedure before court.
433 - Enacted without section heading.
434 - Order for temporary child support.
434-A - Order for temporary spousal support.
435 - Procedure; adjournment; confidentiality of requests.
436 - Competence of spouse.
437 - Presumption of sufficient means.
437-A - Referral to work programs.
438 - Counsel fees.
439 - Support magistrates.
439-A - Expedited process.
Part 4 - (440 - 449) Orders
440 - Order of support.
441 - Order dismissing petition.
442 - Order of support by a spouse.
443 - Order of support by parent.
445 - Order of support by relative; duration.
446 - Order of protection.
446-A - Firearms; surrender and license suspension, revocation and ineligibility.
447 - Order of visitation.
448 - Enforcement by income deduction.
449 - Effective date of order of support.
Part 5 - (451 - 460) Compliance With Orders
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.
Part 6 - (461 - 469) Effect Of Action For Separation, Divorce Or Annulment
461 - Duty to support child after separation agreement, separation, or termination of marriage.
462 - Effect of support order in matrimonial action on duration of family court support order for child.
463 - Effect of separation agreement on duty to support a spouse.
464 - Effect of pendency of action for divorce, separation or annulment on petition for support of a spouse.
465 - Effect of denial of support in action for separation.
466 - Effect of granting of support in action for divorce, separation or annulment.
467 - Referral by supreme court of applications to fix custody in action for divorce, separation or annulment.
469 - Rules of court; venue.
Part 7 - (471 - 479) Undertaking
471 - Undertaking for support and cash deposits.
472 - Undertaking to be filed.
473 - Substitution of surety.
474 - Default.
475 - Procedure as to defaults.
476 - Forfeitures applied to support of petitioner.
477 - Surrender of respondent by surety.
478 - Termination of surety's liability.
479 - When new security required.

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