N.Y. Laws » CHAPTER Domestic Relations / ARTICLE Provisions Applicable to More Than One Type of Matrimonial Action
New York Consolidated Laws

N.Y. Domestic Relations Law § 245 (2026)

Enforcement by contempt proceedings of judgment or order in action for divorce, separation or annulment

✓ current as of May 2026
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§ 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hereby superseded so far as they are in conflict therewith.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.
Notes of Decisions
Cited in 103 cases (9 in the last 5 years), 1985–2026 · leading case: Holsberger v. Holsberger, 2017 NY Slip Op 7499 (N.Y. App. Div. 2017).
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Holsberger v. Holsberger, 2017 NY Slip Op 7499 (N.Y. App. Div. 2017). · cites it 2× “Following this decision, Domestic Relations Law § 245 was amended to allow applications to be made without demonstrating prior enforcement attempts (see Domestic Relations Law § 245, amended by L 2016, ch 365, § 1, eff Sept.”
El-Dehdan v. El-Dehdan, 114 A.D.3d 4 (N.Y. App. Div. 2013). · cites it 4× “Exhaustion of Remedies Finally, the defendant contends that the plaintiff failed to satisfy the mandatory precondition of Domestic Relations Law § 245 that she first exhaust other, less drastic enforcement mechanisms, such as settling a judgment from the equitable distribution…”
Cutroneo v. Cutroneo, 140 A.D.3d 1006 (N.Y. App. Div. 2016). · cites it 4× “The order, after a hearing, granted that branch of the plaintiff’s cross motion which was pursuant to Domestic Relations Law § 245 to adjudge the defendant in civil contempt for his failure to comply with the child support and maintenance provisions of the parties’ judgment of…”
Wolfe v. Wolfe, 71 A.D.3d 878 (N.Y. App. Div. 2010). “Moreover, the defendant failed to show that he had exhausted less drastic enforcement remedies, or that resort to such remedies would be ineffectual (see Domestic Relations Law § 245; Klepp v Klepp, 35 AD3d 386, 387-388 [2006]; Rienzi v Rienzi, 23 AD3d at 449 ; Cooper v Cooper,…”
Belkhir v. Amrane-Belkhir, 128 A.D.3d 1382 (N.Y. App. Div. 2015). “Finally, the motion should not have been *1383 granted inasmuch as “defendant failed to show that [s]he had exhausted less drastic enforcement remedies, or that resort to such remedies would be ineffectual” (Wolfe, 71 AD3d at 879 ; see Domestic Relations Law § 245; Klepp v…”
Matter of Powers v. Powers, 653 N.E.2d 1154 (NY 1995). “Respondent’s argument rests on Domestic Relations Law § 245 which requires Supreme Court to consider alternative means of enforcing a support order before holding the defaulting party in contempt.”
Snow v. Snow, 209 A.D.2d 399 (N.Y. App. Div. 1994). · cites it 3× “The plaintiff wife contends that the defendant husband should be held in contempt pursuant to Domestic Relations Law § 245 for failing to make court-ordered pendente lite *401 payments of maintenance and interim attorneys’ fees.”
Cassarino v. Cassarino, 2017 NY Slip Op 2623 (N.Y. App. Div. 2017). “Although the Supreme Court found that the plaintiff had not met his burden, in part, because he did not exhaust other enforcement remedies before filing the instant motion, we note that Domestic Relations Law § 245 was amended, effective September 29, 2016, to remove the…”
Maddaloni v. Maddaloni, 142 A.D.3d 646 (N.Y. App. Div. 2016). “The Contempt Finding In matrimonial actions, Domestic Relations Law § 245 grants the court authority to punish a party for civil contempt pursuant to Judiciary Law § 756 where the party defaults “in paying any sum of money” required by a judgment or order, “and it appears…”
Lopez v. Ajose, 33 A.D.3d 976 (N.Y. App. Div. 2006). · cites it 2× “Ordered that the order is modified, on the law, by adding to the end of the first sentence of the decretal paragraph on page 10 of the order the words: “and that the former husband’s conduct was calculated to, or actually did, defeat, impair, impede, or prejudice the rights and…”
Bauman v. Bauman, 2022 NY Slip Op 04945 (N.Y. App. Div. 2022). · cites it 2× “In May 2018, the plaintiff moved pursuant to Domestic Relations Law § 245 to hold the defendant in civil contempt based upon his failure to pay the sum of $206,094.”
MacKinnon v. MacKinnon, 277 A.D.2d 636 (N.Y. App. Div. 2000). · cites it 4× “), entered December 17, 1999 in Ulster County, which, inter alia, granted plaintiff’s motion pursuant to Domestic Relations Law § 245 and Judiciary Law § 756 to hold defendant in contempt of court for failing to comply with certain terms of a judgment of divorce, and (2) from a…”
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