King v. King, 230 A.D.2d 775 (N.Y. App. Div. 1996). · Go Syfert
King v. King, 230 A.D.2d 775 (N.Y. App. Div. 1996). Cases Citing This Book View Copy Cite
15 citation events (8 in the last 25 years) across 2 distinct courts.
Strongest positive: Lundon v. Lundon (nyappdiv, 2014-09-24)
Top citers, strongest first. 4 distinct citers. How cited ↗
discussed Cited as authority (rule) Lundon v. Lundon (2×)
N.Y. App. Div. · 2014 · confidence medium
Moreover, the dismissal, in effect, of the cause of action for a divorce did not divest the Supreme Court of jurisdiction to award child support add-ons and entertain the defendant’s mo *1398 tion to enforce the award (see Domestic Relations Law §§ 236 [B] [8] [b]; 244; Bellizzi v Bellizzi, 82 AD3d 1541, 1543 [2011]; Holloway v Holloway, 35 AD3d 1126, 1128 [2006]; King v King, 230 AD2d 775, 775-776 [1996]).
discussed Cited as authority (rule) Bellizzi v. Bellizzi
N.Y. App. Div. · 2011 · confidence medium
The dismissal of a divorce action because of lack of proof does not divest the court of jurisdiction to hear an application for spousal maintenance when a temporary award of maintenance has already been sought or obtained (see Domestic Relations Law § 236 [B] [8] [b]; Murphy v Murphy, 257 AD2d 798, 799 [1999]; King v King, 230 AD2d 775, 775-776 [1996]; Forbush v Forbush, 115 AD2d 335 , 337 [1985], appeal dismissed 67 NY2d 756 [1986]).
discussed Cited as authority (rule) Fixman v. Fixman
N.Y. App. Div. · 2006 · confidence medium
We agree that the dismissal of the New York matrimonial action did not preclude the mother from seeking any arrears which may have accrued while the pendente lite order remained in effect, and that she could enforce the father’s support obligation by seeking leave to enter a money judgment (see Mesholam v Mesholam, 25 AD3d 670 [2006]; Fotiadis v Fotiadis, 18 AD3d 699 [2005]; Matter of Dyandria M. v Gerard M., 278 AD2d 37 [2000]; Cawthon v Cawthon, 276 AD2d 661, 662 [2000]; King v King, 230 AD2d 775, 776 [1996]; Walis v Walis, 192 AD2d 598 [1993]; Patricia Lynn N. v Vincent Michael N., 152 AD…
discussed Cited "see, e.g." Rattler v. Rattler
N.Y. App. Div. · 1999 · signal: see also · confidence low
In addition, the court’s determination to award the plaintiff child support and maintenance arrears commencing from the date that she first demanded the relief in her original complaint was proper (see, Reutenauer v Reutenauer, 229 AD2d 776 ; see also, King v King, 230 AD2d 775 ; Forbush v Forbush, 115 AD2d 335 ; Domestic Relations Law § 236 [B] [6] [a]).
Retrieving the full opinion text from the archive…
Matthew King
v.
Roslyn King
Appellate Division of the Supreme Court of the State of New York.
Aug 12, 1996.
230 A.D.2d 775
1996 N.Y. App. Div. LEXIS 8376
Florio, Mangano, Miller, Sullivan.
Cited by 11 opinions  |  Published

—In an action for a divorce and ancillary relief, the plaintiff appeals, as limited by his brief, from stated portions of an order of the Supreme Court, Westchester County (Colabella, J.), entered June 26, 1995, which, inter alia, granted that branch of the defendant’s motion which was for an award of maintenance arrears in the sum of $25,300 pursuant to a prior pendente lite order of the same court, dated September 27, 1993.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

In a matrimonial action, the court has the authority to award maintenance, even permanent maintenance, notwithstanding that the marital relationship remained unaltered and that circumstances exist precluding the entry of judgment dissolving the marriage (see, Domestic Relations Law § 236 [B] [8] [b]; Blisko v Blisko, 149 AD2d 127, 129; Gunn v Gunn, 143 AD2d 393, 396; Forbush v Forbush, 115 AD2d 335, 337; Naughton v Naughton, 92 AD2d 914; Maulella v Maulella, 90 AD2d 535; Scheinkman, 1987 Supp Practice Commentaries, McKinney’s Cons Laws of NY, Book 14, Domestic Relations Law C236B:35, 1996 Supp Pamph, at 147). Where the amount of arrears is shown to be due and unpaid, "[t]he court has no discretion to refuse to enter a judgment for arrears of support” (Felton v Felton, 175 AD2d 794, 795).

In this case, the court acted within its authority in granting[*776] that branch of the defendant’s motion which was for an award of permanent maintenance notwithstanding the fact that it dismissed the plaintiff’s divorce action (see, Domestic Relations Law § 236 [B] [8] [b]; Forbush v Forbush, supra, at 337; see also, Blisko v Blisko, supra, at 129; Hickok v Hickok, 150 Misc 2d 123, 125). Moreover, the pendente lite order did not lapse upon dismissal of the divorce action and the defendant was still entitled to obtain a money judgment for arrears due under the pendente lite order (see, Walis v Walis, 192 AD2d 598, 601; Patricia Lynn N. v Vincent Michael N., 152 AD2d 547, 548; Sass v Sass, 129 AD2d 622, 624).

Further, since the plaintiff failed to demonstrate good cause for his failure to seek modification prior to accrual of the arrears, and did not show good cause for such failure by presenting evidentiary proof sufficient to raise a question of fact, despite his claim of changed circumstances, he was not entitled to a hearing to review the arrears (see, Domestic Relations Law § 244; Paul v Paul, 200 AD2d 820; Lamothe v Lamothe, 200 AD2d 655; Penziner v Penziner, 123 AD2d 674).

We have examined the plaintiff’s remaining contentions and find them to be without merit.

Mangano, P. J., Miller, Sullivan and Florio, JJ., concur.