Section 243. Security for payments by defendant in action for divorce, separation or annulment; sequestration  


Latest version.
  • 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.