Opinion
April 24, 1990
Appeal from the Family Court, New York County (Judith Sheindlin, F.C.J.).
Because the order of January 27, 1981 provided for support unallocated between the spouse and child, Family Court did not err in rejecting respondent's contention that such order automatically terminated on the child's 21st birthday on July 12, 1983. Instead of ignoring the order and permitting arrears to accrue once the child turned 21, it was incumbent on respondent to come to court and have it modified or set aside; having failed to do so, it was incumbent on him in this proceeding to show good cause why he did not (Family Ct Act § 451, 455; § 460 [1]; see, Urban v. Urban, 90 A.D.2d 793). We agree with Family Court that the requisite good cause for the approximate five-year delay in making the instant application has not been shown.
Concur — Kupferman, J.P., Ross, Ellerin, Wallach and Rubin, JJ.