N.Y. Domestic Relations Law § 243: Security for payments by defendant in action for divorce, separation or annulment; sequestration

§ 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.