A money judgment and an order directing the payment of money, including motion costs, may be enforced as prescribed in article fifty-two. An order of support, alimony or maintenance of any court of competent jurisdiction where arrears/past-due support have not been reduced to judgment, including motion costs, may be enforced as prescribed in article fifty-two upon the default of a debtor as such term is defined in paragraph seven of subdivision (a) of section fifty-two hundred forty-one of this article, except that for the purposes of this section only, a default shall not be founded upon retroactive child support obligations as defined in paragraph (a) of subdivision one of section four hundred forty of the family court act and subdivision one of section two hundred forty, and paragraph b of subdivision nine of section two hundred thirty-six of the domestic relations law. The establishment of a default shall be subject to the procedures established for the determination of a mistake of fact for income executions pursuant to subdivision (e) of section fifty-two hundred forty-one of this article.
§ 5101.Enforcement of money judgment or order
Article 51. Enforcement of Judgments and Orders Generally · Last amended 1993 · Last verified July 21, 2026
In one sentenceCPLR 5101 sends money judgments and money-directing orders to Article 52 for enforcement, and lets certain unpaid support, alimony, or maintenance arrears that haven't yet been reduced to judgment be enforced the same way once a defined default occurs.
Full Text of CPLR 5101
Plain-English Summary
Article 51 opens with the section that tells the reader where to look. A money judgment, or an order directing payment of money, including motion costs, gets enforced under Article 52 — the article with the actual mechanics: executions, income executions, restraining notices, and the rest of the enforcement toolkit.
The second sentence extends that same toolkit to support, alimony, or maintenance orders that haven't yet been reduced to a money judgment. Once the debtor defaults, as that term is defined in CPLR 5241(a)(7), the creditor can enforce the order under Article 52 too. Retroactive child support obligations are carved out of that default definition, and the underlying mistake-of-fact procedure for income executions under CPLR 5241(e) governs how a claimed default gets established.
Frequently Asked Questions
What CPLR article governs how a money judgment gets enforced in New York?
Article 52. Section 5101 directs both money judgments and orders directing payment of money there for enforcement.
Can unpaid child support or alimony be enforced like a money judgment before it's reduced to one?
Yes, once the debtor defaults as defined for income executions under CPLR 5241(a)(7), with an exception for retroactive child support arrears.
What counts as a “default” for enforcing support arrears under CPLR 5101?
Does CPLR 5101 itself contain the enforcement procedures?
No. It's a bridge section — the actual mechanics for enforcing a money judgment live in Article 52.
Does this section cover orders awarding possession of property or directing a sale?
No. Those follow the separate procedures in CPLR 5102 and 5103; section 5101 addresses money judgments and money-directing orders.
Advisory Committee Notes
This section replaces subd 1 of CPA § 504 which set forth those judgments which may be enforced “by execution,” and the first two sentences of § 773, which permitted supplementary proceedings to be maintained on a judgment “rendered in any sum” and on a “decree or order awarding the payment of money.” Execution and supplementary proceedings, which formerly offered distinct and duplicate remedies to a creditor, have been combined into an integrated enforcement procedure under CPLR article 52.
The term “money judgment” is defined in CPLR § 105(n). That definition includes any part of a judgment as well as an entire interlocutory or final judgment, for or directing the payment of money. It thus replaces the specific references in CPA §§ 505(2) and 644 for enforcement of part of a judgment.
This section also provides that orders directing the payment of money may be enforced as money judgments. Cf. CPA § 773. Moreover, the final result of a special proceeding is designated a “judgment,” rather than an “order” in CPLR rule 411.
Amendment History
Add, L 1962, ch 308; amd, L 1993, ch 59, § 12, eff July 1, 1993.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: enforcement of money judgment New Yorkarticle 52 enforcementenforcing alimony support arrears New Yorkmoney judgment enforcement procedureCPLR 5241 default