§ 479. When new security required. After an undertaking has been given or cash has been deposited and it shall appear upon proof by affidavit either
(a) that a judgment entered upon default can not be collected; or
(b) that the liability of the surety has ceased; or
(c) that the money deposited has been applied in full; or
(d) that personal service cannot be effected upon the surety or the person depositing the cash; or
(e) if for any reason the court shall find that there is not sufficient security, the court may issue a summons requiring the respondent to appear or a warrant for the arrest of the respondent, and require him to give new or additional security. In default thereof the court may commit him under the original order in the manner hereinabove provided.
After an undertaking/cash deposit, on affidavit proof that a default judgment can't be collected, surety liability ceased, the money's used up, the surety can't be served, or security is otherwise insufficient, the court may summon/arrest the respondent to give new or additional security — and in default, commit him under the original order.
★ Exam hits:
§ 411: Family Court has exclusive original jurisdiction over support; can order an Article 10 neglect petition on its own motion.
Child support percentages (§ 413):17% / 25% / 29% / 31% / 35%+ for 1/2/3/4/5+ children. Low-income floors: $25/month (below poverty), $50/month (below self-support reserve). Self-support reserve = 135% of poverty. Lottery winnings can be tapped; incarceration ≠ voluntary unemployment.
Spousal support (§ 412): income cap $184,000 (adjusts every 2 years); support calculated before child support.
§ 413-a COLA: triggered at 10%+ CPI change; 24-month minimum between adjustments; 35 days to object; court decides in 45 days.
§ 413-b: disabled adult dependents supported until age 26.
§ 418 DNA:95%+ probability = rebuttable presumption of paternity; report in evidence unless timely written objection (CPLR 4518(e)).
Service (§ 427):8 days before appearance; move to vacate mail-alone default within 1 year. § 424-a: net-worth statement within 10 days of return date; respondent's failure → preclusion/relief granted.
Support magistrates (§ 439): attorneys admitted ≥ 3 years; CANNOT decide custody, visitation, orders of protection, or equitable-estoppel paternity; willful-violation commitment needs judge confirmation; objections 30/35 days, rebuttal 13 days, judge decides in 35 days; order stays in force pending review.
Enforcement (§ 454): money judgment on any failure; willful failure → counsel fees (mandatory) + up to 6 months jail; failure to pay = prima facie evidence of willfulness.
License suspensions (§§ 458-a/-b/-c): trigger at 4 months of arrears; exempt if on PA/SSI or below the self-support reserve.
§ 451: court may never reduce/annul child-support arrears accrued before the modification application; modify on substantial change, 3 years, or 15% income change.
§ 471 undertakings: period and principal each capped at 3 years.
§ 428: certificate of warrant expires in 90 days.
Verbatim statute: FCA - Article 4
Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.
In print
This provision appears in Volume 5 — The JG-22 Family Court Act and in Volume 1 — The JG-22 in Plain English.