Legal Opinion

Audrey D. v. Michael O.

New York City Family Court

Decided May 1, 1974PublishedCited by 1 opinion

1Opinion of the CourtNauette Dembitz, J.

Respondent’s payment of arrears of child support, under á Mexican divorce decree incorporating a separation agreement, has already been directed by this court (77 Misc 2d 230). Petitioner now seeks an ¡award of interest, on each defaulted payment from its due date.

Neither the Family Court Act nor the Domestic Relations Law ¡mentions the payment of interest on arrears; and it is true, as respondent argues, that, a demand for such interest is *939unusual. Nevertheless, the award of interest in a matrimonial action has precedent. (Kelley v. Kelley, 275 App. Div. 887; Roth v. Roth, 47 Misc 2d 701;…

2Cases cited8 opinions

  1. Flamm v. NobleNew York Court of Appeals · 1947
  2. Ellis v. KelseyNew York Court of Appeals · 1925
  3. Sutton v. LeibCourt of Appeals for the Seventh Circuit · 1952
  4. Audrey D. v. Michael O.New York City Family Court · 1974
  5. In re the Estate of GlickmanNew York Surrogate's Court · 1928

3 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Sinclair v. WiederAppellate Division of the Supreme Court of the State of New York · 1975

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