201 Misc. 913 | N.Y. Sup. Ct. | 1952
In 1936 the plaintiff obtained a judgment of divorce against defendant in this court. In 1940 that judgment was modified to provide for the payment to the plaintiff of $10 per
There is no obligation on the part of a parent to provide for the support of his child after his death and the court is powerless to provide in a judgment of divorce between the parents that the husband shall continue payments for the support of his child after his death (Rice v. Andrews, 127 Misc. 826). However unjust and wrong this result may be, its solution is for the Legislature and not for the courts.
The purpose of this motion is to have the court declare the legal effect of the existing judgment and this is done by granting the motion insofar as it seeks to modify the provision for the payment of alimony to the wife for the maintenance and support of the child. However, this court cannot direct the turnover of the fund to the executor. That was a matter of private arrangement between the parties and did not result from a direction by this court in the action. The executor’s relief may be sought either by plenary suit or in the Surrogate’s Court where the order was made creating this fund.
Settle order.