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New York Family Court - Part 5 - § 451 Continuing Jurisdiction

Legal Research Home > New York Laws > Family Court > New York Family Court - Part 5 - § 451 Continuing Jurisdiction


Family Court 
 
    §  451.  Continuing  jurisdiction.  1.  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 and be enforceable as provided in section four
  hundred forty of this article. 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.
    2. (a) The court may modify an order of child  support,  including  an
  order  incorporating  without merging an agreement or stipulation of the
  parties, upon a  showing  of  a  substantial  change  in  circumstances.
  Incarceration  shall  not  be  a  bar to finding a substantial change in
  circumstances  provided  such  incarceration  is  not  the   result   of
  non-payment  of  a  child  support  order,  or  an  offense  against the
  custodial parent or child who is the subject of the order or judgment.
    (b) In addition, unless the parties have specifically opted out of the
  following provisions in a  validly  executed  agreement  or  stipulation
  entered into between the parties, the court may modify an order of child
  support where:
    (i) three years have passed since the order was entered, last modified
  or adjusted; or
    (ii) there has been a change in either party's gross income by fifteen
  percent or more since the order was entered, last modified, or adjusted.
  A  reduction  in  income  shall  not  be  considered  as  a  ground  for
  modification unless it was involuntary and the party has  made  diligent
  attempts  to  secure  employment commensurate with his or her education,
  ability, and experience.
Section:  Previous  Part 5  451  453  454  455  456  457  458-A  458-B  458-C  459  460  Next

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Last modified: February 16, 2014