Werner v. Werner

SICHER, J.

Laurence B. Ashkin for petitioner. Sol Douglas for respondent. SICHER, J. This proceeding is a sequel to a consensual Florida decree of divorce which was entered on February 17, 1948, in the Circuit Court of the 11th Judicial Circuit in and for Dade County, Florida, and which awarded to the mother custody of the only child of the marriage and $25 a week for that child's support. Since respondent resides in the city of New York, the child was not a party to the Florida action, and the court which (a) The final order sum of $35 a week, beginning December 18, 1953, each and every week, until further order of the court; (b) The temporary order sum of $25 due today; (c) In addition, pursuant to the August 11, 1953, indorsement that any order might be retroactive under Family Court Rule XIV, the sum of $125 to cover the period from the date of the filing of the petition (July 30, 1953) to the September 4, 1953, first deposit of the temporary order sum of $25 a week. Said sum of $125 shall be deposited on or before noon on January 8, 1954. (d) The foregoing directions are without prejudice to the mother's right to recover from the father, in an appropriate forum, any unpaid installments of $25 a week which accrued under the Florida divorce decree prior to July 30, 1953 (the date when this court's jurisdiction began). (e) Inasmuch as no order for visitation is being made, for lack of subject-matter jurisdiction, respondent may, if he sincerely desires visitation and the mother will not co-operate, seek his remedy by habeas corpus in the Supreme Court. Notice shall be given pursuant to the subjoined direction. [*] The opinion as filed sets forth the true names of all parties but as here published substitutes fictitious names and disguises certain other details, in consonance with the spirit of section 52 of the Domestic Relations Court Act of the City of New York (L. 1933, ch. 482).