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This entry was published on 2016-10-07
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SECTION 245
Enforcement by contempt proceedings of judgment or order in action for divorce, separation or annulment
Domestic Relations (DOM) CHAPTER 14, ARTICLE 13
§ 245. Enforcement by contempt proceedings of judgment or order in
action for divorce, separation or annulment. Where a spouse, in an
action for divorce, separation, annulment or declaration of nullity of a
void marriage, or for the enforcement in this state of a judgment for
divorce, separation, annulment or declaration of nullity of a void
marriage rendered in another state, makes default in paying any sum of
money as required by the judgment or order directing the payment
thereof, the aggrieved spouse may make application pursuant to the
provisions of section seven hundred fifty-six of the judiciary law to
punish the defaulting spouse for contempt, and where the judgment or
order directs the payment to be made in installments, or at stated
intervals, failure to make such single payment or installment may be
punished as therein provided, and such punishment, either by fine or
commitment, shall not be a bar to a subsequent proceeding to punish the
defaulting spouse as for a contempt for failure to pay subsequent
installments, but for such purpose such spouse may be proceeded against
under the said order in the same manner and with the same effect as
though such installment payment was directed to be paid by a separate
and distinct order, and the provisions of the civil rights law are
hereby superseded so far as they are in conflict therewith. Such
application may also be made without any previous sequestration or
direction to give security or any application for enforcement by any
other means. No demand of any kind upon the defaulting spouse shall be
necessary in order that he or she be proceeded against and punished for
failure to make any such payment or to pay any such installment;
personal service upon the defaulting spouse of an uncertified copy of
the judgment or order under which the default has occurred shall be
sufficient.