§ 245 — Enforcement by contempt proceedings of judgment or order in action for divorce, separation or annulment

§ 245. Enforcement by contempt proceedings of judgment or order in\naction for divorce, separation or annulment. Where a spouse, in an\naction for divorce, separation, annulment or declaration of nullity of a\nvoid marriage, or for the enforcement in this state of a judgment for\ndivorce, separation, annulment or declaration of nullity of a void\nmarriage rendered in another state, makes default in paying any sum of\nmoney as required by the judgment or order directing the payment\nthereof, the aggrieved spouse may make application pursuant to the\nprovisions of section seven hundred fifty-six of the judiciary law to\npunish the defaulting spouse for contempt, and where the judgment or\norder directs the payment to be made in installments, or at stated\nintervals, failure to make such single payment or installment may be\npunished as therein provided, and such punishment, either by fine or\ncommitment, shall not be a bar to a subsequent proceeding to punish the\ndefaulting spouse as for a contempt for failure to pay subsequent\ninstallments, but for such purpose such spouse may be proceeded against\nunder the said order in the same manner and with the same effect as\nthough such installment payment was directed to be paid by a separate\nand distinct order, and the provisions of the civil rights law are\nhereby superseded so far as they are in conflict therewith. Such\napplication may also be made without any previous sequestration or\ndirection to give security or any application for enforcement by any\nother means. No demand of any kind upon the defaulting spouse shall be\nnecessary in order that he or she be proceeded against and punished for\nfailure to make any such payment or to pay any such installment;\npersonal service upon the defaulting spouse of an uncertified copy of\nthe judgment or order under which the default has occurred shall be\nsufficient.\n