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This entry was published on 2014-09-22
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SECTION 243
Security for payments by defendant in action for divorce, separation or annulment; sequestration
Domestic Relations (DOM) CHAPTER 14, ARTICLE 13
§ 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.