Section 451. Continuing jurisdiction  


Latest version.
  • Except as provided in article five-B
      of this act, the court has  continuing  jurisdiction  over  any  support
      proceeding  brought  under this article until its judgment is completely
      satisfied and may modify, set aside or vacate any order  issued  in  the
      course  of the proceeding, provided, however, that the modification, set
      aside or vacatur shall not reduce or annul child support arrears accrued
      prior to the making of an application  pursuant  to  this  section.  The
      court  shall not reduce or annul any other arrears unless the defaulting
      party shows good cause for failure to make application for  relief  from
      the  judgment  or  order  directing  payment prior to the accrual of the
      arrears, in which case the facts  and  circumstances  constituting  such
      good  cause  shall  be  set forth in a written memorandum of decision. A
      modification may increase support payments nunc pro tunc as of the  date
      of  the  initial  application  for  support  based  on  newly discovered
      evidence. Any retroactive amount of support due shall  be  paid  in  one
      lump sum or periodic sums, as the court directs, taking into account any
      amount  of  support  which has been paid. Upon an application to modify,
      set aside or vacate an order of support, no hearing  shall  be  required
      unless  such  application  shall  be  supported  by  affidavit and other
      evidentiary material sufficient to establish a prima facie case for  the
      relief requested.