N.Y. FCT. LAW § 451 : NY Code - Section 451: Continuing jurisdiction
Search N.Y. FCT. LAW § 451 : NY Code - Section 451: Continuing jurisdiction
Except as provided in article five-B
of this act, the court has continuing jurisdiction over any support
proceeding brought under this article until its judgment is completely
satisfied and may modify, set aside or vacate any order issued in the
course of the proceeding, provided, however, that the modification, set
aside or vacatur shall not reduce or annul child support arrears accrued
prior to the making of an application pursuant to this section. The
court shall not reduce or annul any other arrears unless the defaulting
party shows good cause for failure to make application for relief from
the judgment or order directing payment prior to the accrual of the
arrears, in which case the facts and circumstances constituting such
good cause shall be set forth in a written memorandum of decision. A
modification may increase support payments nunc pro tunc as of the date
of the initial application for support based on newly discovered
evidence. Any retroactive amount of support due shall be paid in one
lump sum or periodic sums, as the court directs, taking into account any
amount of support which has been paid. Upon an application to modify,
set aside or vacate an order of support, no hearing shall be required
unless such application shall be supported by affidavit and other
evidentiary material sufficient to establish a prima facie case for the
relief requested.
Up
COMPLIANCE WITH ORDERS
Next »
Petition; violation of court order