Lawrence R. Condon for petitioner.
Arthur E. Muller for respondent.
FOGARTY, J. This petition for support of a fourteen-year-old child is brought on the infant's behalf by the mother, a resident of Illinois, against the father, a resident of New York City. Petitioner and respondent were divorced by decree of the Superior Court of Cook County, Illinois, rendered in favor of the mother, and awarding her custody of the children, on the sixth day of May, 1946. Incorporated in the divorce decree was an agreement providing for the support of this child and another as follows:
"7. That in and by said agreement Defendant has agreed to pay over to Plaintiff for the benefit of such children during their respective minorities $500.00 per annum from sources other than income personally earned by Defendant, plus 20% of all income personally earned by Defendant in excess of $500.00 per month, less pro rated Federal income taxes on such earned income, such payment to be limited to a maximum of $4,000.00 per annum for each child and to be made annually commencing April 15, 1947; and that said agreement in so far as it relates to the support of said children is fair and reasonable at the present time in view of the separate income now enjoyed by Plaintiff."
In the past year respondent had an expendable income after taxes of approximately $23,000. This, of course, includes certain gratuities of a nonrecurring nature. But gratuities are income for purposes of the Domestic Relations Court Act (
Jenkins v. Jenkins, 179 Misc. 905). In the light of all the circumstances, including respondent's concession, this court in the exercise of its discretion, determines that $50 per week is a fair and reasonable sum and so orders, for the support of the child according to respondent's means. This does not involve an exercise of equity jurisdiction in reformation of the Illinois decree. In the interests of children the courts are not bound by agreements entered into between parents when the welfare of the children requires they be disregarded. (
Matter of Pinto, 203 Misc. 244;
Van Dyke v. Van Dyke, 278 App. Div. 446.) Aside from that, this amount is well within the maximum provided for the annual support of each child in the Illinois decree. Order $50 per week; 1st payment June 12, 1953. Notice shall be given to all parties and counsel.