N.Y. Domestic Relations Law Section 243
Security for payments by defendant in action for divorce, separation or annulment

  • sequestration
Where a judgment rendered or an order made in an action in this state for divorce, separation or annulment, or for a declaration of nullity of a void marriage, or a judgment rendered in another state for divorce upon any of the grounds provided in § 170 (Action for divorce)section one hundred seventy of this chapter, or for separation or separate support and maintenance for any of the causes specified in section two hundred, or for relief, however designated, granted upon grounds which in this state would be grounds for annulment of marriage or for a declaration of nullity of a void marriage, upon which an action has been brought in this state and judgment rendered therein, requires a spouse to provide for the education or maintenance of any of the children of a marriage, or for the support of his or her spouse, the court, in its discretion, also may direct the spouse from whom maintenance or support is sought to give reasonable security, in such a manner and within such a time as it thinks proper, for the payment, from time to time, of the sums of money required for that purpose. If he or she fails to give the security, or to make any payment required by the terms of such a judgment or order, whether or not security has been given therefor, or to pay any sum of money for the support and maintenance of the children or the support and maintenance of the spouse during the pendency of the action, or for counsel fees and expenses which he or she is required to pay by a judgment or order, the court may cause his or her personal property and the rents and profits of his or her real property to be sequestered, and may appoint a receiver thereof. The rents and profits and other property so sequestered may be applied, from time to time, under the direction of the court, to the payment of any of the sums of money specified in this section, as justice requires; and if the same shall be insufficient to pay the sums of money required, the court, on application of the receiver, may direct the mortgage or sale of such real property by the receiver, under such terms and conditions as it may prescribe, sufficient to pay such sums.

Source: Section 243 — Security for payments by defendant in action for divorce, separation or annulment; sequestration, https://www.­nysenate.­gov/legislation/laws/DOM/243 (updated Sep. 22, 2014; accessed Oct. 26, 2024).

230
Required residence of parties 231
Residence of married persons 232
Notice of nature of matrimonial action 233
Sequestration of defendant’s property in action for divorce, separation or annulment where defendant cannot be personally served 234
Title to or occupancy and possession of property 235
Information as to details of matrimonial actions or proceedings 236
Special controlling provisions 237
Counsel fees and expenses 238
Expenses in enforcement and modification proceedings 239
Stay in divorce or separation action on default of payment 240
Custody and child support 240‑A
Judgment or decree 240‑B
Order of support by parent 240‑C
Review and cost of living adjustment of child support orders 240‑D
Support orders for certain adult dependents 241
Interference with or withholding of visitation rights 243
Security for payments by defendant in action for divorce, separation or annulment 244
Enforcement by execution of judgment or order in action for divorce, separation or annulment 244‑A
Enforcement of arrears which accrue during pendency of an enforcement proceeding 244‑B
Child support proceedings and enforcement of arrears 244‑C
Child support proceedings and enforcement of arrears 244‑D
Child support proceedings and enforcement of arrears 245
Enforcement by contempt proceedings of judgment or order in action for divorce, separation or annulment 246
Persons financially unable to comply with orders or judgments directing the payment of alimony 247
Alimony or maintenance payments suspended during confinement in prison 248
Modification of judgment or order in action for divorce or annulment 249
Trial preferences in matrimonial actions 250
Agreements relating to marriage 251
Filing of order in family court 252
Effect of pendency of action for divorce, separation or annulment on petition for order of protection 253
Removal of barriers to remarriage 254
Confidentiality 255
Prerequisites for judgments under articles nine, ten and eleven of this chapter
Green check means up to date. Up to date

Accessed:
Oct. 26, 2024

Last modified:
Sep. 22, 2014

§ 243’s source at nysenate​.gov

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