NEW YORK MAINTENANCE ENFORCEMENT AND MODIFICATION
Enforcement
In order to ensure that payments of maintenance, distributive award, or child support and necessary attorney’s fees are made, the Court has the power to enforce payment after a hearing by:
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requiring the defaulting party to furnish a surety or
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order the assignment of wages or
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the sequestration and sale of assets and contempt penalties, including jail.
Modification
Divorce Decree
Under the law, the Court can modify maintenance provisions of a divorce decree upon the showing of (i) recipients inability to self-supporting, or (ii) substantial change in circumstances, including financial hardship (except as to sums for which a judgment has been issued.)
The Court can modify child support provisions of a divorce decree upon the showing of (i) substantial change in circumstances, (ii) that three years have passed since the order was entered, last modified or adjusted; or (iii) 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; however, if the parties have specifically opted out of subparagraph (ii) or (iii) of this paragraph in a validly executed agreement or stipulation, then that basis to seek modification does not apply.
Separation Agreement
Under the law, a Court has the power to modify a Separation Agreement upon showing of extreme “hardship” on either party.