Section 246. Persons financially unable to comply with orders or judgments directing the payment of alimony

1. Any person  who,  by  an  order  or
  judgment made or entered in an action for divorce, separation, annulment
  or  declaration  of  the nullity of a void marriage or an action for the
  enforcement in this state of  a  judgment  for  divorce,  separation  or
  annulment  or  declaring  the  nullity  of  a  void marriage rendered in
  another state, is directed to make payment of any sum or sums  of  money
  and  against  whom  an  order to punish for a contempt of court has been
  made pursuant to the provisions of section  two  hundred  forty-five  of
  this  chapter  or the judiciary law may, if financially unable to comply
  with the order or judgment to make such payment,  upon  such  notice  to
  such  parties as the court may direct, make application to the court for
  an order relieving him from such payment and such  contempt  order.  The
  court,  upon  the  hearing  of  such  application, if satisfied from the
  proofs  and  evidence  offered  and  submitted  that  the  applicant  is
  financially  unable  to  make  such  payment may, upon a showing of good
  cause, until further order of the court, modify the order or judgment to
  make such payment and relieve him from  such  contempt  order.  No  such
  modification  shall  reduce or annul unpaid sums or installments accrued
  prior to the making of such  application  unless  the  defaulting  party
  shows  good  cause  for  failure to make application for relief from the
  judgement or order directing such payment prior to the accrual  of  such
  arrears.    Such  modification  may  increase such support nunc pro tunc
  based on newly discovered evidence.
    2. Whenever, upon application to the court by an interested party,  it
  appears  to  the satisfaction of the court that any person, who has been
  relieved totally or partially from making any such payment  pursuant  to
  the  provisions  of  this  section,  is  no longer financially unable to
  comply with the order or judgment to make such payment, then  the  court
  may,  upon a showing of good cause, modify or revoke its order relieving
  him totally or partially from making such payment.
    3. Any person may assert his financial inability to  comply  with  the
  directions  contained  in  an  order  or  judgment made or entered in an
  action for divorce, separation, annulment or declaration of the  nullity
  of  a  void marriage or an action for the enforcement in this state of a
  judgment for divorce, separation or annulment or declaring  the  nullity
  of  a  void  marriage  rendered  in  another  state,  as  a defense in a
  proceeding instituted against him under section two  hundred  forty-five
  or  under the judiciary law to punish him for his failure to comply with
  such directions and, if the court, upon the  hearing  of  such  contempt
  proceeding,  is  satisfied  from  the  proofs  and  evidence offered and
  submitted that the defendant is financially unable to comply  with  such
  order or judgment, it may, in its discretion, until further order of the
  court,  make  an  order modifying such order or judgment and denying the
  application to punish the defendant for contempt. No  such  modification
  shall  reduce  or  annul  arrears  accrued  prior  to the making of such
  application 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.  Such  modification  may
  increase  such  support  nunc pro tunc as of the date of the application
  based on newly discovered evidence. Any retroactive  amount  of  support
  due  shall  be  paid  in  one  sum  or periodic sums, as the court shall
  direct, taking into account any amount of temporary  support  which  has
  been paid.