US Laws, Codes, Statutes & Cases

 
    §  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, and it appears presumptively, to the satisfaction of the court,
  that  payment  cannot  be  enforced  pursuant  to  section  two  hundred
  forty-three or  two  hundred  forty-four  of  this  chapter  or  section
  fifty-two  hundred forty-one or fifty-two hundred forty-two of the civil
  practice law and  rules,  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  hereby superseded so far as  they  are  in  conflict  therewith.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 where the court is satisfied that they  would
  be  ineffectual.  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.