Section 455. Commitment

1. The court may at any time suspend an order of
  commitment upon such reasonable conditions, if any, as the  court  deems
  appropriate  to  carry  out the purposes of this article without placing
  the respondent on probation or may place him  on  probation  under  such
  conditions  as  the  court  may  determine  and  in  accordance with the
  provisions of the criminal procedure law.  For  good  cause  shown,  the
  court may at any time revoke the suspension of the order of commitment.
    2.  Except  as  provided in article five-B of this act, any respondent
  against whom an order of commitment  has  been  issued,  if  financially
  unable  to  comply with any lawful order issued under this article, upon
  such  notice  to  such  parties  as  the  court  may  direct,  may  make
  application  to  the court for an order relieving him or her of payments
  directed in such order and the commitment order.  The  court,  upon  the
  hearing  on  such  application, if satisfied by competent proof that the
  respondent is financially unable to comply with such order may,  upon  a
  showing  of  good  cause  until  further order of the court, modify such
  order and relieve the respondent from  the  commitment  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
  order directing payment prior to  the  accrual  of  such  arrears.  Such
  modification  may  increase  the  amount to be paid pursuant to a lawful
  order issued under this article nunc pro tunc based on newly  discovered
  evidence.
    3.  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 payment pursuant to the
  provisions of this section, is no longer financially  unable  to  comply
  with  the order to make such payment, then the court may, upon a showing
  of good cause modify or revoke its order relieving such  person  totally
  or partially from making such payment.
    4.  Notwithstanding  any  inconsistent  provision of this article, the
  provision of any order issued under this article requiring  the  payment
  of  money  by one spouse for the support of the other shall be suspended
  and inoperative so far as punishment for contempt  is  concerned  during
  the  period in which the defaulting spouse is imprisoned pursuant to any
  order adjudging him or her in contempt for failure to  comply  with  any
  provision in such order.
    5.  Any respondent may assert his or her financial inability to comply
  with the directions contained in an order issued under this  article  or
  an order or judgment entered in a matrimonial action or in an action for
  the  enforcement  in  this  state  of a judgment in a matrimonial action
  rendered in another state, as  a  defense  in  a  proceeding  instituted
  against  him  or  her  under  subdivision  one  of  section four hundred
  fifty-four of this article or under the judiciary law to punish  him  or
  her  for  failure to comply with such directions. If the court, upon the
  hearing of such contempt proceeding, is  satisfied  by  competent  proof
  that  the  respondent 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 respondent for  contempt;  provided,  however,
  that  if an order or judgement for child support issued by another state
  is before the court solely for enforcement, the court  may  only  modify
  the  order  in  accordance  with  article  five-B  of  this act. No such
  modification shall reduce or annul arrears accrued prior to  the  making
  of  such  application for modification unless the defaulting party shows
  good cause for failure to make application for relief from the order  or
  judgment  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.