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N.Y. Domestic Relations Law § 239

N.Y. Domestic Relations Law § 239 - Stay in Divorce or Separation Action on Default of Payment

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Verbatim reference text. This is the full, unedited text of N.Y. Domestic Relations Law § 239, provided for reference only — it is not legal advice, and Divorce.law is not a law firm. Always confirm current wording against the official source.

NEW YORK DOMESTIC RELATIONS LAW (Chapter 14) § 239 — Stay in divorce or separation action on default of DRL § 239 Stay in divorce or separation action on default of payment ARTICLE 13 Provisions Applicable to More Than One Type of Matrimonial Action § 239. Stay in divorce or separation action on default of payment. Inan action for divorce or separation the court or the judge thereof mayrefuse to grant an order to stay proceedings, where the only default isthe failure of a spouse to pay alimony, maintenance or counsel fees dueto his or her inability to make such payments. In no event shall aspouse who has been imprisoned for contempt of court for failure to payalimony, maintenance or counsel fees or by virtue of an order of arrestas a provisional remedy under the civil practice law and rules be stayedfrom proceeding with the prosecution or defense of an action where theonly default is the failure of such spouse to pay alimony, maintenanceor counsel fees. Source: NYSenate.gov Open Legislation | Laws of New York Page 1