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Moore v. Moore

Appellate Division of the Supreme Court of New York, Second Department
May 28, 1985
111 A.D.2d 375 (N.Y. App. Div. 1985)

Opinion

May 28, 1985

Appeal from the Supreme Court, Nassau County (Samenga, J.).


Order affirmed, insofar as appealed from, with costs.

The 1980 amendments to Domestic Relations Law § 244 ( see, L 1980, ch 645, § 5) have divested the courts of discretion in determining whether to enter a judgment for arrears in child support payments. The court must direct entry of the judgment unless the defaulting party shows "good cause" for failing to move for relief from or modification of the judgment or order directing such payment. Here, the wife was entitled to an order directing entry of a money judgment for child support arrears, inasmuch as the husband concedes that he did not make the payments, and he has not demonstrated good cause for his failure to apply for relief from the support order prior to the accrual of arrears ( see, Keff v. Keff, 95 A.D.2d 888; Coveleski v Coveleski, 93 A.D.2d 924; Matter of Brizzi v. Brizzi, 92 A.D.2d 919). Accordingly, the order is affirmed, insofar as appealed from. Mangano, J.P., Gibbons, Bracken and Kunzeman, JJ., concur.


Summaries of

Moore v. Moore

Appellate Division of the Supreme Court of New York, Second Department
May 28, 1985
111 A.D.2d 375 (N.Y. App. Div. 1985)
Case details for

Moore v. Moore

Case Details

Full title:CHRISTINE M. MOORE, Individually and on Behalf of DOUGLAS H. MOORE and…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 28, 1985

Citations

111 A.D.2d 375 (N.Y. App. Div. 1985)

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