Botway v. Botway

The order of reference insofar as it relates to temporary alimony and provides for the payment of $50 a week pending the report of the official referee is improper. The parties had entered into a separation agreement before this action for a judicial separation was instituted by the wife. The husband is continuing to pay the amount provided for in the separation agreement for the support and maintenance of his wife and child; he was not in default when the order appealed from was made. The validity of the separation agreement when entered into and any questions of breach, waiver or default…