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N.Y. Dom. Rel. Law § 245

N.Y. Dom. Rel. Law § 245 - Enforcement by Contempt Proceedings of Judgment or Order in Matrimonial Actions (2024)

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NEW YORK DOMESTIC RELATIONS LAW (Chapter 14) § 245 — Enforcement by contempt proceedings of judgment or DRL § 245 Enforcement by contempt proceedings of judgment or order inaction for divorce, separation or annulment ARTICLE 13 Provisions Applicable to More Than One Type of Matrimonial Action § 245. Enforcement by contempt proceedings of judgment or order inaction for divorce, separation or annulment. Where a spouse, in anaction for divorce, separation, annulment or declaration of nullity of avoid marriage, or for the enforcement in this state of a judgment fordivorce, separation, annulment or declaration of nullity of a voidmarriage rendered in another state, makes default in paying any sum ofmoney as required by the judgment or order directing the paymentthereof, the aggrieved spouse may make application pursuant to theprovisions of section seven hundred fifty-six of the judiciary law topunish the defaulting spouse for contempt, and where the judgment ororder directs the payment to be made in installments, or at statedintervals, failure to make such single payment or installment may bepunished as therein provided, and such punishment, either by fine orcommitment, shall not be a bar to a subsequent proceeding to punish thedefaulting spouse as for a contempt for failure to pay subsequentinstallments, but for such purpose such spouse may be proceeded againstunder the said order in the same manner and with the same effect asthough such installment payment was directed to be paid by a separateand distinct order, and the provisions of the civil rights law arehereby superseded so far as they are in conflict therewith. Suchapplication may also be made without any previous sequestration ordirection to give security or any application for enforcement by anyother means. No demand of any kind upon the defaulting spouse shall benecessary in order that he or she be proceeded against and punished forfailure to make any such payment or to pay a cement by anyother means. No demand of any kind upon the defaulting spouse shall benecessary in order that he or she be proceeded against and punished forfailure to make any such payment or to pay any such installment;personal service upon the defaulting spouse of an uncertified copy ofthe judgment or order under which the default has occurred shall besufficient. Source: NYSenate.gov Open Legislation | Laws of New York Page 1