State Codes and Statutes

Statutes > New-york > Dom > Article-13 > 243

§  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  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.

State Codes and Statutes

Statutes > New-york > Dom > Article-13 > 243

§  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  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.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Dom > Article-13 > 243

§  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  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.