STATE OF NEW YORK ________________________________________________________________________ 2363 2023-2024 Regular Sessions IN ASSEMBLY January 25, 2023 ___________ Introduced by M. of A. NORRIS -- read once and referred to the Committee on Judiciary AN ACT to amend the family court act, in relation to orders of seques- tration on failure to obey a support order The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 457 of the family court act, as amended by chapter 2 721 of the laws of 1966, is amended to read as follows: 3 § 457. Order of sequestration on failure to obey support order. If an 4 order of support is made under this article and the respondent has 5 failed to obey it [and either leaves or threatens to leave the state], 6 the court on application may issue an order of sequestration of his or 7 her property within the state, providing that such property may be 8 taken, sequestered and applied in like manner as is provided in section 9 four hundred twenty-nine. 10 § 2. Section 429 of the family court act, as amended by chapter 281 of 11 the laws of 1980, is amended to read as follows: 12 § 429. Sequestration of respondent's property. [Where in a proceeding 13 under this article it appears to the court that the respondent is not 14 within the state, or cannot be found therein, or is concealing himself 15 or herself therein, so that process cannot be personally served upon the 16 respondent, the] The court may at any time and from time to time make 17 any order or orders without notice directing the sequestration of [his 18 or her] a respondent's property, both real and personal and whether 19 tangible or intangible, within the state, and may appoint a receiver 20 thereof, or by injunction or otherwise take the same into its possession 21 and control. The property thus sequestered and the income therefrom may 22 be applied in whole or in part and from time to time, under the direc- 23 tion of the court and as justice may require, to the payment of such sum 24 or sums as the court may deem it proper to award, by order, and during 25 the pendency of the proceeding or at the termination thereof, for the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02320-01-3
A. 2363 2 1 support, education or maintenance of any of the respondent's children 2 [of a marriage], or for the support of a spouse, or for his or her 3 expenses in bringing and carrying on said proceeding; and if the rents 4 and profits of the real estate, together with the other property so 5 sequestered, be insufficient to pay the sums of money required, the 6 court, upon such terms and conditions as it may prescribe, may direct 7 the mortgage or sale of sufficient of said real estate to pay such sums. 8 The court may appoint the petitioning [spouse] party receiver or seques- 9 trator in such cases. [The court may authorize such spouse to use and 10 occupy, free of any liability for rent or use and occupation or other- 11 wise, any house or other suitable property of the respondent spouse as a 12 dwelling for himself or herself with or without the children of the 13 marriage, and may likewise turn over to the petitioning spouse for the 14 use of such spouse with or without the children of the marriage any 15 chattel or chattels of the respondent spouse.] The relief herein 16 provided for is in addition to any and every other remedy to which a 17 spouse may be entitled under the law. 18 § 3. This act shall take effect immediately.