New York Consolidated Laws

N.Y. Domestic Relations Law § 244 (2026)

Enforcement by execution of judgment or order in action for divorce, separation or annulment

✓ current as of May 2026

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§ 244. Enforcement by execution of judgment or order in action for
divorce, separation or annulment. Where a spouse in an action for
divorce, separation or annulment, or declaration of nullity of a void
marriage, or a person other than a spouse when an action for an
annulment is maintained after the death of a spouse, defaults in paying
any sum of money as required by the judgment or order directing the
payment thereof, or as required by the terms of an agreement or
stipulation incorporated by reference in a judgment, such direction
shall be enforceable pursuant to section fifty-two hundred forty-one or
fifty-two hundred forty-two of the civil practice law and rules. Upon
application the court shall make an order directing the entry of
judgment for the amount of arrears of child support together with costs
and disbursements. The court shall make an order directing the entry of
judgment for the amount of arrears of any other payments so directed,
together with costs and disbursements, 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.
The court shall not make an order reducing or cancelling arrears unless
the facts and circumstances constituting good cause are set forth in a
written memorandum of decision. The application for such order shall be
upon such notice to the spouse or other person as the court may direct.
Such judgment may be enforced by execution or in any other manner
provided by law for the collection of money judgments. The relief herein
provided for is in addition to any and every other remedy to which a
spouse may be entitled under the law; provided that when a judgment for
such arrears or any part thereof shall have been entered pursuant to
this section, such judgment shall thereafter not be subject to
modification under the discretionary power granted by this section; and
after the entry of such judgment the judgment creditor shall not
hereafter be entitled to collect by any form of remedy any greater
portion of such arrears than that represented by the judgment so
entered. Such judgment shall provide for the payment of interest on the
amount of any arrears if the default was willful, in that the obligated
spouse knowingly, consciously and voluntarily disregarded the obligation
under a lawful court order. Such interest shall be computed from the
date on which the payment was due, at the prevailing rate of interest on
judgments as provided in the civil practice law and rules.

Notes of Decisions

Cited in 274 cases (8 in the last 5 years), 1985–2026 · leading case: Holsberger v. Holsberger, 2017 NY Slip Op 7499 (N.Y. App. Div. 2017).

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Holsberger v. Holsberger, 2017 NY Slip Op 7499 (N.Y. App. Div. 2017). · cites it 5× ““A separation agreement that is incorporated into, but does not merge with, a subsequent judgment of divorce is a legally binding, independent contract between the parties and is interpreted so as to give effect to the parties’ intent” (Bell v Bell, 151 AD3d 1529, 1529 [2017]…”

Matter of Dox v. Tynon, 681 N.E.2d 398 (NY 1997). · cites it 8× “*170 Specifically, Domestic Relations Law § 244 — the provision authorizing enforcement of support arrears by entry of a money judgment — provided that, upon default, "the court in its discretion may make an order directing the entry of judgment for the amount of such arrears,…”

Seale v. Seale, 2017 NY Slip Op 7492 (N.Y. App. Div. 2017). · cites it 7× “Domestic Relations Law § 244 provides that, upon a party’s failure to make any payment for an obligation under a judgment of divorce other than child support, “the court shall make an order directing the entry of judgment for the amount of arrears .”

Desautels v. Desautels, 80 A.D.3d 926 (N.Y. App. Div. 2011). · cites it 6× “), entered November 5, 2009 in Saratoga County, which denied plaintiffs motion for a money judgment pursuant to Domestic Relations Law § 244 and for counsel fees, and (2) from an order of said court, entered November 5, 2009 in Saratoga County, which denied defendant’s cross…”

Rivers v. Rivers, 35 A.D.3d 426 (N.Y. App. Div. 2006). · cites it 7× “incorporated but not merged into the judgment of divorce, is in favor of the plaintiff and against him in the principal sum of $17,225, and the plaintiff cross-appeals, as limited by her brief, from so much of the same judgment, as, upon so much of the order dated September 2,…”

Rienzi v. Rienzi, 23 A.D.3d 447 (N.Y. App. Div. 2005). “66, pursuant to the terms of the parties’ stipulation of settlement dated October 20, 2003 (hereinafter the stipulation), the Supreme Court should have awarded the plaintiff that amount (see Domestic Relations Law § 244).”

Anonymous v. Anonymous, 27 A.D.3d 356 (N.Y. App. Div. 2006). · cites it 3× “While parties may often be permitted to chart their own procedural course, there is an obvious defect in these proceedings that requires dismissal of this matter.”

Paul v. Paul, 200 A.D.2d 820 (N.Y. App. Div. 1994). · cites it 5× “), entered August 3, 1992 in Fulton County, which, inter alia, granted defendant’s motion for a money judgment pursuant to Domestic Relations Law § 244. In July 1987 the parties entered into a stipulation, incorporated but not merged in a judgment of divorce, which provided, in…”

Baker v. Baker, 486 N.E.2d 817 (NY 1985). · cites it 3× “The order of the Appellate Division should be reversed, with costs, and the application pursuant to Domestic Relations Law § 244 for a judgment for arrears in alimony should be dismissed.”

Curtis v. Curtis, 132 A.D.2d 850 (N.Y. App. Div. 1987). · cites it 5× “In January 1986, plaintiff made an application pursuant to Domestic Relations Law § 244 for certain alleged arrearages due from defendant.”

D'Anna v. D'Anna, 17 A.D.3d 400 (N.Y. App. Div. 2005). · cites it 2× “After the judgment of divorce was entered, the plaintiff, who contended that the defendant failed to comply with various terms of the judgment, moved, inter alia, pursuant to Domestic Relations Law § 244 for leave to enter a judgment.”

Arnoldt v. Arnoldt, 147 Misc. 2d 37 (N.Y. Sup. Ct. 1990). · cites it 4× “In this respect the court relies upon the 1986 amendment to Domestic Relations Law § 244, effective August 5, 1986, which was enacted to preclude a party from utilizing self-help and then seeking, at a later date, to eliminate child support retroactively.”

Show all 274 citing cases →

— N.Y. Domestic Relations Law § 244(a) — 2 cases

M.G. v. A.G., 2024 NY Slip Op 50383(U) (N.Y. Sup. Ct., Westchester Cty. 2024).

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