GroundRules
← Search the law
New York · Through 2026-09-11

N.Y. Domestic Relations Law § 245: Enforcement by contempt proceedings of judgment or order in action for divorce, separation or annulment

Read at publisher ↗
Where this section sits in the code
  1. Domestic Relations Law
  2. Article 13. Provisions Applicable to More Than One Type of Matrimonial Action

§ 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hereby superseded so far as they are in conflict therewith.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.

Collected 2026-09-14T19:32:44Z. Source file · JSON

Browse this collection