N.Y. Domestic Relations Law § 239: Stay in divorce or separation action on default of payment

§ 239. Stay in divorce or separation action on default of payment. In

an action for divorce or separation the court or the judge thereof may

refuse to grant an order to stay proceedings, where the only default is

the failure of a spouse to pay alimony, maintenance or counsel fees due

to his or her inability to make such payments. In no event shall a

spouse who has been imprisoned for contempt of court for failure to pay

alimony, maintenance or counsel fees or by virtue of an order of arrest

as a provisional remedy under the civil practice law and rules be stayed

from proceeding with the prosecution or defense of an action where the

only default is the failure of such spouse to pay alimony, maintenance

or counsel fees.