§ 243 — Security for payments by defendant in action for divorce, separation or annulment; sequestration

New York § 243

• Jurisdiction: New York
• Law DOM: Domestic Relations
• Art. 13: Provisions Applicable to More Than One Type of Matrimonial Action

Text

§ 243. Security for payments by defendant in action for divorce,\nseparation or annulment; sequestration. Where a judgment rendered or an\norder made in an action in this state for divorce, separation or\nannulment, or for a declaration of nullity of a void marriage, or a\njudgment rendered in another state for divorce upon any of the grounds\nprovided in section one hundred seventy of this chapter, or for\nseparation or separate support and maintenance for any of the causes\nspecified in section two hundred, or for relief, however designated,\ngranted upon grounds which in this state would be grounds for annulment\nof marriage or for a declaration of nullity of a void marriage, upon\nwhich an action has been brought in this state and judgment rendered\ntherein, requires a spouse to provide for the education or maintenance\nof any of the children of a marriage, or for the support of his or her\nspouse, the court, in its discretion, also may direct the spouse from\nwhom maintenance or support is sought to give reasonable security, in\nsuch a manner and within such a time as it thinks proper, for the\npayment, from time to time, of the sums of money required for that\npurpose. If he or she fails to give the security, or to make any payment\nrequired by the terms of such a judgment or order, whether or not\nsecurity has been given therefor, or to pay any sum of money for the\nsupport and maintenance of the children or the support and maintenance\nof the spouse during the pendency of the action, or for counsel fees and\nexpenses which he or she is required to pay by a judgment or order, the\ncourt may cause his or her personal property and the rents and profits\nof his or her real property to be sequestered, and may appoint a\nreceiver thereof. The rents and profits and other property so\nsequestered may be applied, from time to time, under the direction of\nthe court, to the payment of any of the sums of money specified in this\nsection, as justice requires; and if the same shall be insufficient to\npay the sums of money required, the court, on application of the\nreceiver, may direct the mortgage or sale of such real property by the\nreceiver, under such terms and conditions as it may prescribe,\nsufficient to pay such sums.\n