Summary
In Perrotta v. Perrotta (149 A.D.2d 317, 318, lv dismissed 74 N.Y.2d 842), this Court ruled that "arrears for temporary support cannot be obtained after the entry of the judgment of divorce".
Summary of this case from Greenberg v. GreenbergOpinion
April 6, 1989
Appeal from the Supreme Court, Bronx County (Jack Turret, J.).
This is an action to enforce an award of $100 per week in child support for the period of April 2, 1981 until January 30, 1987. The trial court directed payment as indicated above.
The parties were married in New York in 1969. A son was born in 1972. The parties separated in 1974 and plaintiff wife commenced an action for divorce during that year. In November 1974 the Supreme Court ordered interim child support of $100.
A hearing on the divorce was held in 1981. A divorce judgment was signed on September 13, 1985 and provided that the defendant pay arrears in child support in the sum of $22,650 for the period of November 7, 1974 to April 2, 1981. The judgment also provided for child support of $100 per week. No reason appears why the judgment was delayed from 1981 to 1985. Moreover, no reason appears why the judgment did not include arrears in child support for the period between April 2, 1981 and the date of entry of the divorce judgment.
An interim order for child support expires with the termination of the action and so does the right to enforce it. (Polizotti v Polizotti, 305 N.Y. 176, 179.) Here, no reason appears to depart from settled law and the arrears for temporary support cannot be obtained after the entry of the judgment of divorce. (Polizotti v. Polizotti, supra; Sorkin v. Sorkin, 111 A.D.2d 845, 846 [2d Dept 1985]; Weaver v. Weaver, 72 A.D.2d 221, 223 [4th Dept 1980].)
We modify accordingly.
Concur — Kupferman, J.P., Carro, Milonas, Rosenberger and Smith, JJ.
The parties stipulated that the amount of interest is $1,500.