Opinion
December 21, 1992
Appeal from the Supreme Court, Westchester County (Fredman, J.).
Ordered that the order is affirmed, with costs.
It is well established that voluntary payments made by a parent for the benefit of children and not pursuant to a court order may not be credited against amounts owing under the order (see, Horne v Horne, 22 N.Y.2d 219; Kerpen v Kerpen, 172 A.D.2d 496; O'Brien v O'Brien, 136 A.D.2d 531; Fabrizio v Fabrizio, 125 A.D.2d 634; Soltow v Soltow, 47 A.D.2d 652). The defendant husband herein submitted various canceled checks but failed to establish that they were intended to represent payments owing under the pendente lite order. None was in the court-ordered amount of $400 per week. Thus, the court properly refused to credit the husband with these voluntary payments. Bracken, J.P., Lawrence, Miller, Copertino and Santucci, JJ., concur.