N.Y. Domestic Relations Law § 243
N.Y. Domestic Relations Law § 243 - Security for Payments by Defendant in Matrimonial Actions (2024)
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NEW YORK DOMESTIC RELATIONS LAW (Chapter 14) § 243 — Security for payments by defendant in action for d DRL § 243 Security for payments by defendant in action for divorce,separation or annulment; sequestration ARTICLE 13 Provisions Applicable to More Than One Type of Matrimonial Action § 243. Security for payments by defendant in action for divorce,separation or annulment; sequestration. Where a judgment rendered or anorder made in an action in this state for divorce, separation orannulment, or for a declaration of nullity of a void marriage, or ajudgment rendered in another state for divorce upon any of the groundsprovided in section one hundred seventy of this chapter, or forseparation or separate support and maintenance for any of the causesspecified in section two hundred, or for relief, however designated,granted upon grounds which in this state would be grounds for annulmentof marriage or for a declaration of nullity of a void marriage, uponwhich an action has been brought in this state and judgment renderedtherein, requires a spouse to provide for the education or maintenanceof any of the children of a marriage, or for the support of his or herspouse, the court, in its discretion, also may direct the spouse fromwhom maintenance or support is sought to give reasonable security, insuch a manner and within such a time as it thinks proper, for thepayment, from time to time, of the sums of money required for thatpurpose. If he or she fails to give the security, or to make any paymentrequired by the terms of such a judgment or order, whether or notsecurity has been given therefor, or to pay any sum of money for thesupport and maintenance of the children or the support and maintenanceof the spouse during the pendency of the action, or for counsel fees andexpenses which he or she is required to pay by a judgment or order, thecourt may cause his or her personal property and the rents and profitsof his or her real property to be sequ or counsel fees andexpenses which he or she is required to pay by a judgment or order, thecourt may cause his or her personal property and the rents and profitsof his or her real property to be sequestered, and may appoint areceiver thereof. The rents and profits and other property sosequestered may be applied, from time to time, under the direction ofthe court, to the payment of any of the sums of money specified in thissection, as justice requires; and if the same shall be insufficient topay the sums of money required, the court, on application of thereceiver, may direct the mortgage or sale of such real property by thereceiver, under such terms and conditions as it may prescribe,sufficient to pay such sums. Source: NYSenate.gov Open Legislation | Laws of New York Page 1