Simon v. Simon

To the extent that recovery was allowed below for moneys expended by the plaintiff wife after the decree of divorce, the judgment is erroneous, since said decree fixed the full measure of the defendant’s obligation both to the wife and the child and plaintiff’s proper remedy was to move for a modification of the decree when the occasion arose for the making of additional expenditures. (Turner v. Woolworth, 221 N. Y. 425; Elder v. Rosenwasser, 238 id. 427; Dravecka v. Richard, 267 id. 180.) As Judge Callahan, writing for this court in Morris v. Birmingham (142 Misc. 628), said (pp. 629, 630):…