Opinion
March 1, 1948.
Order denying appellant's application for a money judgment for alimony in arrears under a final decree of divorce, insofar as appealed from, reversed on the law and the facts, with $10 costs and disbursements, and the motion granted, without costs, to the extent of directing entry of judgment in the sum of $2,030. The appellant's removal to California and remarriage furnish no reason for relief of the defendant from his obligation to support his children as directed by the decree. ( Altschuler v. Altschuler, 248 App. Div. 768; Niekrug v. Neikrug, 269 App. Div. 751. ) As to the sum of $250 allegedly due and unpaid for the period prior to August, 1942, a question of fact is presented which may be resolved upon a trial, if appellant be so advised. Lewis, P.J., Carswell, Johnston, Adel and Wenzel, JJ., concur. [See post, pp. 910, 967.]