N.Y. DOM. LAW § 236 : NY Code - Section 236: Special controlling provisions; prior actions or proceedings; new actions or proceedings

Except as otherwise  expressly  provided  in
  this section, the provisions of part A shall be controlling with respect
  to  any  action  or  proceeding commenced prior to the date on which the
  provisions  of  this  section  as  amended  become  effective  and   the
  provisions  of part B shall be controlling with respect to any action or
  proceeding commenced on or after such effective date. Any  reference  to
  this  section  or  the  provisions  hereof  in  any  action, proceeding,
  judgment, order, rule or agreement shall  be  deemed  and  construed  to
  refer  to  either  the  provisions  of part A or part B respectively and
  exclusively, determined as provided in this paragraph  any  inconsistent
  provision of law notwithstanding.
 
                                   PART A
 
                        PRIOR ACTIONS OR PROCEEDINGS
 
    Alimony,  temporary  and  permanent.  1.  Alimony.  In  any  action or
  proceeding brought (1) during  the  lifetime  of  both  parties  to  the
  marriage  to annul a marriage or declare the nullity of a void marriage,
  or (2) for a separation, or (3) for a  divorce,  the  court  may  direct
  either  spouse  to  provide suitably for the support of the other as, in
  the court's discretion, justice requires, having regard to the length of
  time of the marriage, the ability of each spouse to be self  supporting,
  the  circumstances  of  the  case  and  of  the respective parties. Such
  direction may require the payment of a  sum  or  sums  of  money  either
  directly  to  either  spouse  or  to third persons for real and personal
  property and services furnished to either spouse, or for the  rental  of
  or mortgage amortization or interest payments, insurance, taxes, repairs
  or  other carrying charges on premises occupied by either spouse, or for
  both payments to either spouse and to such third persons. Such direction
  shall be effective as of the date of the application therefor,  and  any
  retroactive  amount  of alimony due shall be paid in one sum or periodic
  sums, as the court shall direct,  taking  into  account  any  amount  of
  temporary alimony which has been paid. Such direction may be made in the
  final  judgment  in  such action or proceeding, or by one or more orders
  from time to time before or subsequent to final  judgment,  or  by  both
  such  order or orders and the final judgment. Such direction may be made
  notwithstanding that the parties continue to reside in  the  same  abode
  and notwithstanding that the court refuses to grant the relief requested
  by either spouse (1) by reason of a finding by the court that a divorce,
  annulment  or  judgment  declaring the marriage a nullity had previously
  been granted to either spouse in an action in  which  jurisdiction  over
  the person of the other spouse was not obtained, or (2) by reason of the
  misconduct  of  the  other  spouse,  unless such misconduct would itself
  constitute grounds for separation or divorce, or  (3)  by  reason  of  a
  failure   of   proof  of  the  grounds  of  either  spouse's  action  or
  counterclaim. Any order or judgment made as in this section provided may
  combine in one lump sum any amount payable to either spouse  under  this
  section  with  any  amount  payable  to  either spouse under section two
  hundred forty of this chapter. Upon the application  of  either  spouse,
  upon  such  notice  to  the  other party and given in such manner as the
  court shall direct, the court may annul or modify  any  such  direction,
  whether made by order or by final judgment, or in case no such direction
  shall  have  been  made  in  the final judgment may, with respect to any
  judgment of annulment or  declaring  the  nullity  of  a  void  marriage
  rendered  on  or  after  September  first, nineteen hundred forty or any
  judgment of separation or divorce whenever rendered, amend the  judgment

  by  inserting  such  direction. Subject to the provisions of section two
  hundred forty-four of this chapter, no such  modification  or  annulment
  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 based on newly discovered evidence.
    2. Compulsory financial disclosure. In  all  matrimonial  actions  and
  proceedings  commenced  on  or  after  September first, nineteen hundred
  seventy-five in supreme court in which alimony, maintenance  or  support
  is  in issue and all support proceedings in family court, there shall be
  compulsory disclosure by both  parties  of  their  respective  financial
  states.  No  showing  of  special circumstances shall be required before
  such disclosure is ordered. A sworn statement  of  net  worth  shall  be
  provided  upon receipt of a notice in writing demanding the same, within
  twenty days after the receipt thereof. In the event  said  statement  is
  not  demanded,  it  shall  be filed by each party, within ten days after
  joinder of issue, in the court in which the  procedure  is  pending.  As
  used  in this section, the term net worth shall mean the amount by which
  total assets including income exceed total liabilities  including  fixed
  financial  obligations.  It  shall  include  all  income  and  assets of
  whatsoever kind and nature and wherever situated  and  shall  include  a
  list  of all assets transferred in any manner during the preceding three
  years, or the length of the marriage, whichever  is  shorter;  provided,
  however  that transfers in the routine course of business which resulted
  in an exchange of assets of substantially equivalent value need  not  be
  specifically disclosed where such assets are otherwise identified in the
  statement  of net worth. Noncompliance shall be punishable by any or all
  of the penalties prescribed in section thirty-one hundred twenty-six  of
  the civil practice law and rules, in examination before or during trial.
 
                                   PART B
 
                         NEW ACTIONS OR PROCEEDINGS
 
    Maintenance  and  distributive award. 1. Definitions. Whenever used in
  this part, the  following  terms  shall  have  the  respective  meanings
  hereinafter set forth or indicated:
    a.  The term "maintenance" shall mean payments provided for in a valid
  agreement between the parties or awarded by the court in accordance with
  the provisions of subdivision six of this part,  to  be  paid  at  fixed
  intervals  for  a definite or indefinite period of time, but an award of
  maintenance shall terminate upon the death of either party or  upon  the
  recipient's  valid or invalid marriage, or upon modification pursuant to
  paragraph (b) of subdivision nine of section two hundred  thirty-six  of
  this part or section two hundred forty-eight of this chapter.
    b. The term "distributive award" shall mean payments provided for in a
  valid  agreement between the parties or awarded by the court, in lieu of
  or to supplement, facilitate or effectuate the division or  distribution
  of property where authorized in a matrimonial action, and payable either
  in  a  lump  sum or over a period of time in fixed amounts. Distributive
  awards shall not include payments which are treated as  ordinary  income
  to  the  recipient  under  the  provisions of the United States Internal
  Revenue Code.
    c. The term "marital property" shall mean  all  property  acquired  by
  either or both spouses during the marriage and before the execution of a
  separation  agreement  or  the  commencement  of  a  matrimonial action,
  regardless of the form in which  title  is  held,  except  as  otherwise

  provided  in  agreement  pursuant  to  subdivision  three  of this part.
  Marital property shall not  include  separate  property  as  hereinafter
  defined.
    d. The term separate property shall mean:
    (1) property acquired before marriage or property acquired by bequest,
  devise, or descent, or gift from a party other than the spouse;
    (2) compensation for personal injuries;
    (3)  property  acquired  in  exchange  for or the increase in value of
  separate property, except to the extent that such appreciation is due in
  part to the contributions or efforts of the other spouse;
    (4) property described as separate property by  written  agreement  of
  the parties pursuant to subdivision three of this part.
    e.  The term "custodial parent" shall mean a parent to whom custody of
  a child or children is granted by a valid agreement between the  parties
  or by an order or decree of a court.
    f.  The  term  "child support" shall mean a sum paid pursuant to court
  order or decree by either  or  both  parents  or  pursuant  to  a  valid
  agreement between the parties for care, maintenance and education of any
  unemancipated child under the age of twenty-one years.
    2.  Matrimonial  actions. a. Except as provided in subdivision five of
  this part, the provisions of this part shall be  applicable  to  actions
  for  an  annulment  or  dissolution  of a marriage, for a divorce, for a
  separation, for a declaration of the nullity of a void marriage,  for  a
  declaration of the validity or nullity of a foreign judgment of divorce,
  for  a  declaration  of  the  validity  or nullity of a marriage, and to
  proceedings to obtain maintenance or a distribution of marital  property
  following  a  foreign  judgment  of  divorce, commenced on and after the
  effective date of this part. Any application which seeks a  modification
  of  a judgment, order or decree made in an action commenced prior to the
  effective date of this part shall be heard and determined in  accordance
  with the provisions of part A of this section.
    b.  With respect to matrimonial actions which commence on or after the
  effective date of this paragraph, the plaintiff shall cause to be served
  upon the defendant, simultaneous with the service of the summons, a copy
  of the automatic orders set  forth  in  this  paragraph.  The  automatic
  orders  shall  be  binding  upon  the  plaintiff in a matrimonial action
  immediately upon the filing of the summons, or  summons  and  complaint,
  and  upon  the  defendant  immediately upon the service of the automatic
  orders with the summons. The automatic orders shall remain in full force
  and effect  during  the  pendency  of  the  action,  unless  terminated,
  modified  or amended by further order of the court upon motion of either
  of the parties or  upon  written  agreement  between  the  parties  duly
  executed and acknowledged. The automatic orders are as follows:
    (1)  Neither  party  shall  sell, transfer, encumber, conceal, assign,
  remove or in any way dispose of, without the consent of the other  party
  in  writing,  or by order of the court, any property (including, but not
  limited to, real  estate,  personal  property,  cash  accounts,  stocks,
  mutual  funds,  bank  accounts,  cars and boats) individually or jointly
  held by the parties,  except  in  the  usual  course  of  business,  for
  customary and usual household expenses or for reasonable attorney's fees
  in connection with this action.
    (2)  Neither  party shall transfer, encumber, assign, remove, withdraw
  or in any way dispose of any tax deferred funds, stocks or other  assets
  held  in  any  individual  retirement  accounts,  401K  accounts, profit
  sharing plans, Keough accounts,  or  any  other  pension  or  retirement
  account,  and  the  parties  shall  further refrain from applying for or
  requesting the payment of retirement benefits or annuity payments of any

  kind, without the consent of the other party in writing, or upon further
  order of the court.
    (3) Neither party shall incur unreasonable debts hereafter, including,
  but  not limited to further borrowing against any credit line secured by
  the family residence, further encumbrancing any assets, or  unreasonably
  using  credit cards or cash advances against credit cards, except in the
  usual course of business or for customary or usual  household  expenses,
  or for reasonable attorney's fees in connection with this action.
    (4)  Neither  party shall cause the other party or the children of the
  marriage to be removed from any existing medical,  hospital  and  dental
  insurance  coverage, and each party shall maintain the existing medical,
  hospital and dental insurance coverage in full force and effect.
    (5) Neither party shall change the beneficiaries of any existing  life
  insurance  policies,  and  each  party  shall maintain the existing life
  insurance,  automobile  insurance,  homeowners  and  renters   insurance
  policies in full force and effect.
    3.  Agreement of the parties. An agreement by the parties, made before
  or during the marriage, shall be valid and enforceable in a  matrimonial
  action  if  such agreement is in writing, subscribed by the parties, and
  acknowledged or proven in the manner required to entitle a  deed  to  be
  recorded.  Notwithstanding any other provision of law, an acknowledgment
  of an agreement made before marriage may be executed before  any  person
  authorized to solemnize a marriage pursuant to subdivisions one, two and
  three  of  section eleven of this chapter. Such an agreement may include
  (1) a contract to make a testamentary provision of any kind, or a waiver
  of any right to elect against the provisions of a  will;  (2)  provision
  for  the  ownership,  division  or  distribution of separate and marital
  property; (3) provision for the amount and duration  of  maintenance  or
  other  terms and conditions of the marriage relationship, subject to the
  provisions of section 5-311 of the general obligations law, and provided
  that such terms were fair and reasonable at the time of  the  making  of
  the  agreement  and are not unconscionable at the time of entry of final
  judgment; and  (4)  provision  for  the  custody,  care,  education  and
  maintenance  of  any  child of the parties, subject to the provisions of
  section two hundred forty of this article. Nothing in  this  subdivision
  shall  be  deemed  to affect the validity of any agreement made prior to
  the effective date of this subdivision.
    4. Compulsory financial disclosure.  a. In all matrimonial actions and
  proceedings in which alimony, maintenance or support is in issue,  there
  shall  be  compulsory  disclosure  by  both  parties of their respective
  financial states. No showing of special circumstances shall be  required
  before  such disclosure is ordered. A sworn statement of net worth shall
  be provided upon receipt of a notice  in  writing  demanding  the  same,
  within  twenty  days  after  the  receipt  thereof.  In  the  event said
  statement is not demanded, it shall be filed with the clerk of the court
  by each party, within ten days after joinder of issue, in the  court  in
  which  the  proceeding is pending.   As used in this part, the term "net
  worth" shall mean the amount by  which  total  assets  including  income
  exceed total liabilities including fixed financial obligations. It shall
  include all income and assets of whatsoever kind and nature and wherever
  situated  and  shall  include  a  list  of all assets transferred in any
  manner during the preceding three years, or the length of the  marriage,
  whichever  is  shorter;  provided, however that transfers in the routine
  course  of  business  which  resulted  in  an  exchange  of  assets   of
  substantially  equivalent value need not be specifically disclosed where
  such assets are otherwise identified in the statement of net worth.  All
  such sworn statements of net worth shall be accompanied by a current and
  representative  paycheck  stub  and  the  most  recently filed state and

  federal income tax returns including a copy of the W-2(s) wage  and  tax
  statement(s) submitted with the returns. In addition, both parties shall
  provide information relating to any and all group health plans available
  to them for the provision of care or other medical benefits by insurance
  or  otherwise  for the benefit of the child or children for whom support
  is sought, including all such information  as  may  be  required  to  be
  included  in  a  qualified  medical  child  support  order as defined in
  section six hundred nine of the employee retirement income security  act
  of  1974  (29 USC 1169) including, but not limited to:  (i) the name and
  last known mailing address of each party and of  each  dependent  to  be
  covered  by the order; (ii) the identification and a description of each
  group  health  plan  available  for  the  benefit  or  coverage  of  the
  disclosing  party  and the child or children for whom support is sought;
  (iii) a detailed description of the type of coverage available from each
  group health plan for the potential benefit of each such dependent; (iv)
  the identification of the plan administrator for each such group  health
  plan  and  the  address  of  such  administrator; (v) the identification
  numbers for each such group health plan; and (vi) such other information
  as may be required by the court. Noncompliance shall  be  punishable  by
  any  or  all  of  the penalties prescribed in section thirty-one hundred
  twenty-six of the civil practice law and rules, in examination before or
  during trial.
    b. As  soon  as  practicable  after  a  matrimonial  action  has  been
  commenced,  the  court shall set the date or dates the parties shall use
  for the valuation of each asset. The valuation  date  or  dates  may  be
  anytime  from  the  date  of  commencement  of the action to the date of
  trial.
    5. Disposition of property in certain matrimonial actions.  a.  Except
  where  the  parties have provided in an agreement for the disposition of
  their property pursuant to subdivision three of this part, the court, in
  an action wherein all or part of the relief granted is divorce,  or  the
  dissolution,  annulment or declaration of the nullity of a marriage, and
  in proceedings to obtain a distribution of marital property following  a
  foreign  judgment  of  divorce, shall determine the respective rights of
  the parties in their separate or marital property, and shall provide for
  the disposition thereof in the final judgment.
    b. Separate property shall remain such.
    c.  Marital  property  shall  be  distributed  equitably  between  the
  parties, considering the circumstances of the case and of the respective
  parties.
    d. In determining an equitable disposition of property under paragraph
  c, the court shall consider:
    (1) the income and property of each party at the time of marriage, and
  at the time of the commencement of the action;
    (2)  the  duration  of  the  marriage  and  the age and health of both
  parties;
    (3) the need of a custodial  parent  to  occupy  or  own  the  marital
  residence and to use or own its household effects;
    (4) the loss of inheritance and pension rights upon dissolution of the
  marriage as of the date of dissolution;
    (5)  the  loss  of  health  insurance benefits upon dissolution of the
  marriage;
    (6) any award of maintenance under subdivision six of this part;
    (7) any equitable  claim  to,  interest  in,  or  direct  or  indirect
  contribution  made  to  the  acquisition of such marital property by the
  party not having title, including  joint  efforts  or  expenditures  and
  contributions  and  services  as  a  spouse,  parent,  wage  earner  and
  homemaker, and to the career or career potential of the other party;

    (8) the liquid or non-liquid character of all marital property;
    (9) the probable future financial circumstances of each party;
    (10) the impossibility or difficulty of evaluating any component asset
  or  any  interest  in  a  business,  corporation  or profession, and the
  economic desirability of retaining such asset  or  interest  intact  and
  free from any claim or interference by the other party;
    (11) the tax consequences to each party;
    (12) the wasteful dissipation of assets by either spouse;
    (13)   any   transfer  or  encumbrance  made  in  contemplation  of  a
  matrimonial action without fair consideration;
    (14) any other factor which the court shall expressly find to be  just
  and proper.
    e.  In any action in which the court shall determine that an equitable
  distribution is appropriate but would be impractical  or  burdensome  or
  where  the  distribution  of  an  interest in a business, corporation or
  profession would be contrary to law, the court in lieu of such equitable
  distribution shall make a distributive award in order to achieve  equity
  between  the  parties.  The  court  in  its  discretion, also may make a
  distributive  award  to   supplement,   facilitate   or   effectuate   a
  distribution of marital property.
    f.  In addition to the disposition of property as set forth above, the
  court may make such order regarding the use and occupancy of the marital
  home and its household  effects  as  provided  in  section  two  hundred
  thirty-four  of this chapter, without regard to the form of ownership of
  such property.
    g. In any decision made pursuant to this subdivision, the court  shall
  set forth the factors it considered and the reasons for its decision and
  such may not be waived by either party or counsel.
    h.  In any decision made pursuant to this subdivision the court shall,
  where appropriate, consider the effect of a barrier  to  remarriage,  as
  defined  in  subdivision  six of section two hundred fifty-three of this
  article, on the factors enumerated in paragraph d of this subdivision.
    6. Maintenance. a. Except where  the  parties  have  entered  into  an
  agreement  pursuant  to  subdivision  three  of  this part providing for
  maintenance, in any matrimonial action the  court  may  order  temporary
  maintenance  or  maintenance  in such amount as justice requires, having
  regard for the standard of living of the parties established during  the
  marriage,  whether the party in whose favor maintenance is granted lacks
  sufficient property and income to provide  for  his  or  her  reasonable
  needs  and  whether the other party has sufficient property or income to
  provide for the reasonable needs of the other and the  circumstances  of
  the case and of the respective parties. Such order shall be effective as
  of  the  date of the application therefor, and any retroactive amount of
  maintenance due shall be paid in one sum or periodic sums, as the  court
  shall  direct,  taking  into account any amount of temporary maintenance
  which  has  been  paid.  In  determining  the  amount  and  duration  of
  maintenance the court shall consider:
    (1)  the  income  and  property  of  the  respective parties including
  marital property distributed pursuant to subdivision five of this part;
    (2) the duration of the marriage  and  the  age  and  health  of  both
  parties;
    (3) the present and future earning capacity of both parties;
    (4)   the   ability   of  the  party  seeking  maintenance  to  become
  self-supporting and, if applicable, the  period  of  time  and  training
  necessary therefor;
    (5)  reduced  or  lost  lifetime earning capacity of the party seeking
  maintenance as  a  result  of  having  foregone  or  delayed  education,
  training, employment, or career opportunities during the marriage;

    (6)  the  presence of children of the marriage in the respective homes
  of the parties;
    (7) the tax consequences to each party;
    (8)  contributions  and services of the party seeking maintenance as a
  spouse, parent, wage earner and homemaker, and to the career  or  career
  potential of the other party;
    (9) the wasteful dissipation of marital property by either spouse;
    (10)   any   transfer  or  encumbrance  made  in  contemplation  of  a
  matrimonial action without fair consideration;
    (11) the loss of health insurance benefits  upon  dissolution  of  the
  marriage; and
    (12)  any other factor which the court shall expressly find to be just
  and proper.
    b. In any decision made pursuant to this subdivision, the court  shall
  set forth the factors it considered and the reasons for its decision and
  such may not be waived by either party or counsel.
    c.  The  court  may  award  permanent  maintenance,  but  an  award of
  maintenance shall terminate upon the death of either party or  upon  the
  recipient's  valid or invalid marriage, or upon modification pursuant to
  paragraph (b) of subdivision nine of section two hundred  thirty-six  of
  this part or section two hundred forty-eight of this chapter.
    d.  In any decision made pursuant to this subdivision the court shall,
  where appropriate, consider the effect of a barrier  to  remarriage,  as
  defined  in  subdivision  six of section two hundred fifty-three of this
  article, on the factors enumerated in paragraph a of this subdivision.
    7. Child support. a. In any matrimonial action, or in  an  independent
  action  for child  support, the court as provided in section two hundred
  forty of this  chapter  shall  order  either  or  both  parents  to  pay
  temporary  child support or child support without requiring a showing of
  immediate or emergency need. The court shall make an order for temporary
  child support notwithstanding that information with  respect  to  income
  and  assets  of  either  or  both parents may be unavailable. Where such
  information is available, the court may  make  an  order  for  temporary
  child  support  pursuant  to  section two hundred forty of this article.
  Such order shall, except as provided for herein, be effective as of  the
  date  of  the  application therefor, and any retroactive amount of child
  support due shall be support arrears/past due support and shall be  paid
  in  one  sum  or  periodic  sums, as the court shall direct, taking into
  account any amount of temporary child support which has  been  paid.  In
  addition,  such  retroactive  child  support shall be enforceable in any
  manner provided by law including, but not limited to, an  execution  for
  support  enforcement  pursuant  to  subdivision (b) of section fifty-two
  hundred forty-one of the civil practice law  and  rules.  When  a  child
  receiving  support  is  a  public  assistance recipient, or the order of
  support is being enforced or is to be enforced pursuant to  section  one
  hundred  eleven-g  of the social services law, the court shall establish
  the amount of retroactive child support and notify the parties that such
  amount shall be enforced by the support collection unit pursuant  to  an
  execution  for support enforcement as provided for in subdivision (b) of
  section fifty-two hundred forty-one of the civil practice law and rules,
  or in such periodic payments as would have been authorized had  such  an
  execution  been  issued.  In  such  case, the court shall not direct the
  schedule of repayment  of  retroactive  support.  The  court  shall  not
  consider  the  misconduct  of  either party but shall make its award for
  child support pursuant to section two hundred forty of this article.
    b. Notwithstanding any other provision of law, any written application
  or motion to  the  court  for  the  establishment  of  a  child  support
  obligation  for persons not in receipt of family assistance must contain

  either a request for child  support  enforcement  services  which  would
  authorize  the  collection  of  the  support obligation by the immediate
  issuance of an income execution for support enforcement as provided  for
  by  this  chapter,  completed  in  the  manner  specified in section one
  hundred eleven-g of the social services law; or  a  statement  that  the
  applicant  has  applied  for  or  is  in  receipt of such services; or a
  statement that the applicant knows of the availability of such services,
  has declined them at this time and where  support  enforcement  services
  pursuant to section one hundred eleven-g of the social services law have
  been  declined  that  the applicant understands that an income deduction
  order may be issued pursuant to subdivision (c) of section five thousand
  two hundred forty-two of the civil practice law and rules without  other
  child support enforcement services and that payment of an administrative
  fee  may be required. The court shall provide a copy of any such request
  for child support enforcement services to the support collection unit of
  the appropriate social services district any time it directs payments to
  be made to such support collection unit. Additionally, the copy  of  any
  such  request  shall  be  accompanied  by  the  name, address and social
  security number of the parties; the  date  and  place  of  the  parties'
  marriage;  the  name and date of birth of the child or children; and the
  name and address of the employers and income payors of  the  party  from
  whom  child  support is sought. Unless the party receiving child support
  has applied for or is receiving  such  services,  the  court  shall  not
  direct  such  payments  to  be  made  to the support collection unit, as
  established in section one hundred eleven-h of the social services law.
    c. The court shall direct that a copy of any child support or combined
  child and spousal support order issued by the  court  on  or  after  the
  first  day  of October, nineteen hundred ninety-eight, in any proceeding
  under this section be provided  promptly  to  the  state  case  registry
  established  pursuant  to  subdivision  four-a  of  section  one hundred
  eleven-b of the social services law.
    8. Special relief in matrimonial  actions.    a.  In  any  matrimonial
  action  the  court  may  order a party to purchase, maintain or assign a
  policy of insurance providing benefits for health and hospital care  and
  related  services  for  either spouse or children of the marriage not to
  exceed such period of time as such party shall be obligated  to  provide
  maintenance, child support or make payments of a distributive award. The
  court may also order a party to purchase, maintain or assign a policy of
  accident  insurance  or  insurance  on the life of either spouse, and to
  designate in the case of life insurance, either spouse  or  children  of
  the  marriage,  or in the case of accident insurance, the insured spouse
  as irrevocable beneficiaries during a period of time fixed by the court.
  The  obligation  to  provide  such  insurance  shall  cease   upon   the
  termination  of  the spouse's duty to provide maintenance, child support
  or a distributive award. A copy  of  such  order  shall  be  served,  by
  registered  mail,  on the home office of the insurer specifying the name
  and mailing address of the spouse or children, provided that failure  to
  so serve the insurer shall not affect the validity of the order.
    b.  In  any  action where the court has ordered temporary maintenance,
  maintenance, distributive award or child support, the court  may  direct
  that  a  payment  be made directly to the other spouse or a third person
  for real and personal property  and  services  furnished  to  the  other
  spouse, or for the rental or mortgage amortization or interest payments,
  insurances,  taxes,  repairs  or  other  carrying  charges  on  premises
  occupied by the other spouse, or for both payments to the  other  spouse
  and  to  such  third persons. Such direction may be made notwithstanding
  that  the  parties  continue  to  reside   in   the   same   abode   and

  notwithstanding  that the court refuses to grant the relief requested by
  the other spouse.
    c.  Any order or judgment made as in this section provided may combine
  any amount payable to either spouse under this section with  any  amount
  payable  to  such  spouse  as child support or under section two hundred
  forty of this chapter.
    9. Enforcement and modification of orders and judgments in matrimonial
  actions. a. All orders or judgments entered in matrimonial actions shall
  be enforceable  pursuant  to  section  fifty-two  hundred  forty-one  or
  fifty-two  hundred  forty-two of the civil practice law and rules, or in
  any other manner provided by law. Orders or judgments for child support,
  alimony and maintenance shall also be enforceable  pursuant  to  article
  fifty-two of the civil practice law and rules upon a debtor's default as
  such  term  is  defined in paragraph seven of subdivision (a) of section
  fifty-two hundred forty-one of the civil practice  law  and  rules.  The
  establishment   of   a  default  shall  be  subject  to  the  procedures
  established for the determination  of  a  mistake  of  fact  for  income
  executions  pursuant  to  subdivision  (e)  of section fifty-two hundred
  forty-one of the civil practice law  and  rules.  For  the  purposes  of
  enforcement  of  child  support  orders  or  combined  spousal and child
  support orders pursuant to section five thousand two  hundred  forty-one
  of  the  civil  practice  law  and rules, a "default" shall be deemed to
  include amounts arising from retroactive support. The court may, and  if
  a  party  shall fail or refuse to pay maintenance, distributive award or
  child support the court shall, upon notice and  an  opportunity  to  the
  defaulting  party to be heard, require the party to furnish a surety, or
  the sequestering and sale of assets for the  purpose  of  enforcing  any
  award  for  maintenance, distributive award or child support and for the
  payment of reasonable and necessary attorney's fees and disbursements.
    b. Upon application by either party, the court may annul or modify any
  prior order or judgment as to  maintenance  or  child  support,  upon  a
  showing  of  the  recipient's  inability  to  be  self-supporting  or  a
  substantial change in  circumstance  or  termination  of  child  support
  awarded pursuant to section two hundred forty of this article, including
  financial  hardship.  Where,  after  the  effective date of this part, a
  separation agreement remains in force no modification of a  prior  order
  or  judgment  incorporating the terms of said agreement shall be made as
  to maintenance without a showing of extreme hardship on either party, in
  which event the judgment or order as modified shall supersede the  terms
  of  the  prior  agreement and judgment for such period of time and under
  such circumstances as the court determines. Provided, however,  that  no
  modification  or  annulment  shall  reduce or annul any arrears of child
  support which have accrued prior to the date of application to annul  or
  modify  any prior order or judgment as to child support. The court shall
  not reduce or annul any arrears of maintenance which have  been  reduced
  to  final  judgment  pursuant  to section two hundred forty-four of this
  chapter. No other arrears of maintenance which have accrued prior to the
  making of such application shall be subject to modification or annulment
  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 and the facts and circumstances
  constituting good cause  are  set  forth  in  a  written  memorandum  of
  decision.  Such  modification  may increase maintenance or child support
  nunc pro tunc as of the date of application based  on  newly  discovered
  evidence.  Any  retroactive  amount of maintenance, or child support due
  shall, except as provided for herein, be paid in  one  sum  or  periodic
  sums, as the court directs, taking into account any temporary or partial
  payments  which  have been made. Any retroactive amount of child support

  due shall  be  support  arrears/past  due  support.  In  addition,  such
  retroactive child support shall be enforceable in any manner provided by
  law  including, but not limited to, an execution for support enforcement
  pursuant  to  subdivision  (b) of section fifty-two hundred forty-one of
  the civil practice law and rules. When a child receiving  support  is  a
  public  assistance  recipient, or the order of support is being enforced
  or is to be enforced pursuant to section one  hundred  eleven-g  of  the
  social services law, the court shall establish the amount of retroactive
  child  support and notify the parties that such amount shall be enforced
  by the support collection unit pursuant  to  an  execution  for  support
  enforcement  as  provided  for  in  subdivision (b) of section fifty-two
  hundred forty-one of the civil  practice  law  and  rules,  or  in  such
  periodic  payments  as  would have been authorized had such an execution
  been issued. In such case, the court shall not direct  the  schedule  of
  repayment  of  retroactive  support.  The provisions of this subdivision
  shall not apply to a separation agreement made prior  to  the  effective
  date of this part.
    c. Notwithstanding any other provision of law, any written application
  or  motion  to  the court for the modification or enforcement of a child
  support or combined maintenance and child support order for persons  not
  in  receipt of family assistance must contain either a request for child
  support enforcement services which would authorize the collection of the
  support obligation by the immediate issuance of an income execution  for
  support  enforcement  as  provided for by this chapter, completed in the
  manner specified in section one hundred eleven-g of the social  services
  law;  or a statement that the applicant has applied for or is in receipt
  of such services; or  a  statement  that  the  applicant  knows  of  the
  availability  of such services, has declined them at this time and where
  support enforcement services pursuant to section one hundred eleven-g of
  the  social  services  law  have  been  declined  that   the   applicant
  understands  that  an  income  deduction order may be issued pursuant to
  subdivision (c) of section five thousand two hundred  forty-two  of  the
  civil  practice  law  and  rules without other child support enforcement
  services and that payment of an administrative fee may be required.  The
  court  shall  provide  a  copy  of  any  such  request for child support
  enforcement services to the support collection unit of  the  appropriate
  social services district any time it directs payments to be made to such
  support collection unit. Additionally, the copy of such request shall be
  accompanied  by  the  name,  address  and  social security number of the
  parties; the date and place of the parties' marriage; the name and  date
  of  birth  of  the  child  or  children; and the name and address of the
  employers and income payors of the party ordered to pay child support to
  the other party. Unless the party receiving child  support  or  combined
  maintenance  and  child  support  has  applied  for or is receiving such
  services, the court shall not direct such payments to  be  made  to  the
  support  collection unit, as established in section one hundred eleven-h
  of the social services law.
    d. The court shall direct that a copy of any child support or combined
  child and spousal support order issued by the  court  on  or  after  the
  first  day  of October, nineteen hundred ninety-eight, in any proceeding
  under this section be provided  promptly  to  the  state  case  registry
  established  pursuant  to  subdivision  four-a  of  section  one hundred
  eleven-b of the social services law.