New York Prosecutors Training Institute
NYPTI Law - NYS Statutes
ยง 471. Undertaking for support and cash deposits. The court may in its
discretion require either a written undertaking with sufficient surety
approved by the court or may require that cash be posted to secure
compliance by the respondent with the order for support for such period.
Such undertaking shall be for a definite period, not to exceed three
years, and the required amount of the principal of such undertaking
shall not exceed the total payments for support required for three years
and shall be so stated in the order for support. After hearing and for
good cause shown, the court may extend an undertaking requirement by
requiring a new undertaking similar to the original undertaking. The
respondent may deposit cash with the clerk, or when the court so orders,
with the support collection unit designated by the appropriate social
services district, when the order for support directs payments to such
unit. When such cash has been deposited with the support collection unit
and the respondent fails to make any payment, when due, within such
period, payment shall be made by the support collection unit to the
petitioner out of such cash. When cash is posted as security, as herein
provided, the person or persons so posting such cash shall at the
expiration of the period for which such security shall have been ordered
be entitled to the return of such cash less any amount which shall have
been paid therefrom to the petitioner by reason of any default or
defaults in payments on the part of the respondent. The form of the
undertaking and the form and manner of justification of the surety shall
conform to the rules of court.
