N.Y. Domestic Relations Law Section 246
Persons financially unable to comply with orders or judgments directing the payment of alimony


1.

Any person who, by an order or judgment made or entered in an action for divorce, separation, annulment or declaration of the nullity of a void marriage or an action for the enforcement in this state of a judgment for divorce, separation or annulment or declaring the nullity of a void marriage rendered in another state, is directed to make payment of any sum or sums of money and against whom an order to punish for a contempt of court has been made pursuant to the provisions of § 245 (Enforcement by contempt proceedings of judgment or order in action for divorce, separation or annulment)section two hundred forty-five of this chapter or the judiciary law may, if financially unable to comply with the order or judgment to make such payment, upon such notice to such parties as the court may direct, make application to the court for an order relieving him from such payment and such contempt order. The court, upon the hearing of such application, if satisfied from the proofs and evidence offered and submitted that the applicant is financially unable to make such payment may, upon a showing of good cause, until further order of the court, modify the order or judgment to make such payment and relieve him from such contempt 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 judgement 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.

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 such payment pursuant to the provisions of this section, is no longer financially unable to comply with the order or judgment to make such payment, then the court may, upon a showing of good cause, modify or revoke its order relieving him totally or partially from making such payment.

3.

Any person may assert his financial inability to comply with the directions contained in an order or judgment made or entered in an action for divorce, separation, annulment or declaration of the nullity of a void marriage or an action for the enforcement in this state of a judgment for divorce, separation or annulment or declaring the nullity of a void marriage rendered in another state, as a defense in a proceeding instituted against him under section two hundred forty-five or under the judiciary law to punish him for his failure to comply with such directions and, if the court, upon the hearing of such contempt proceeding, is satisfied from the proofs and evidence offered and submitted that the defendant 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 defendant for contempt. No such modification 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 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.

Source: Section 246 — Persons financially unable to comply with orders or judgments directing the payment of alimony, https://www.­nysenate.­gov/legislation/laws/DOM/246 (updated Sep. 22, 2014; accessed Mar. 23, 2024).

230
Required residence of parties
231
Residence of married persons
232
Notice of nature of matrimonial action
233
Sequestration of defendant’s property in action for divorce, separation or annulment where defendant cannot be personally served
234
Title to or occupancy and possession of property
235
Information as to details of matrimonial actions or proceedings
236
Special controlling provisions
237
Counsel fees and expenses
238
Expenses in enforcement and modification proceedings
239
Stay in divorce or separation action on default of payment
240
Custody and child support
240–A
Judgment or decree
240–B
Order of support by parent
240–C
Review and cost of living adjustment of child support orders
240–D
Support orders for certain adult dependents
241
Interference with or withholding of visitation rights
243
Security for payments by defendant in action for divorce, separation or annulment
244
Enforcement by execution of judgment or order in action for divorce, separation or annulment
244–A
Enforcement of arrears which accrue during pendency of an enforcement proceeding
244–B
Child support proceedings and enforcement of arrears
244–C
Child support proceedings and enforcement of arrears
244–D
Child support proceedings and enforcement of arrears
245
Enforcement by contempt proceedings of judgment or order in action for divorce, separation or annulment
246
Persons financially unable to comply with orders or judgments directing the payment of alimony
247
Alimony or maintenance payments suspended during confinement in prison
248
Modification of judgment or order in action for divorce or annulment
249
Trial preferences in matrimonial actions
250
Agreements relating to marriage
251
Filing of order in family court
252
Effect of pendency of action for divorce, separation or annulment on petition for order of protection
253
Removal of barriers to remarriage
254
Confidentiality
255
Prerequisites for judgments under articles nine, ten and eleven of this chapter

Accessed:
Mar. 23, 2024

Last modified:
Sep. 22, 2014

§ 246’s source at nysenate​.gov

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