Dearborn v. Dearborn

Appellate Division of the Supreme Court of New York

Dearborn v. Dearborn

278 A.D. 943, 104 N.Y.S.2d 868, 1951 N.Y. App. Div. LEXIS 5316

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 4, 1951

StatusPublished

Cited by3 cases

This text of 278 A.D. 943 (Dearborn v. Dearborn) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dearborn v. Dearborn, 278 A.D. 943, 104 N.Y.S.2d 868, 1951 N.Y. App. Div. LEXIS 5316 (N.Y. Ct. App. 1951).

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Opinion

On October 15, 1943, plaintiff husband obtained a decree of separation from defendant wife, the decree providing that he pay $22 a week for the support of the two infant children of the marriage. The son having reached the age [944]*944of eighteen and having become self-supporting, plaintiff moved to amend the judgment of separation by reducing the amount for support to $11 a week. Order denying plaintiff’s motion reversed on the law and the facts, without costs, and motion granted to the extent of reducing the payment required to $15 a week for the support of the daughter alone. As the son is now employed and has a take-home pay of $26 weekly, it was an improvident exercise of discretion to deny the motion. Nolan, P. J., Carswell, Johnston, Sneed and Wenzel, JJ., concur.

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On October 15, 1943, plaintiff husband obtained a decree of separation from defendant wife, the decree providing that he pay $22 a week for the support of the two infant children of the marriage. The son having reached the age [944]*944of eighteen and having become self-supporting, plaintiff moved to amend the judgment of separation by reducing the amount for support to $11 a week. Order denying plaintiff’s motion reversed on the law and the facts, without costs, and motion granted to the extent of reducing the payment required to $15 a week for the support of the daughter alone. As the son is now employed and has a take-home pay of $26 weekly, it was an improvident exercise of discretion to deny the motion. Nolan, P. J., Carswell, Johnston, Sneed and Wenzel, JJ., concur.

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Bluebook (online)

278 A.D. 943, 104 N.Y.S.2d 868, 1951 N.Y. App. Div. LEXIS 5316, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dearborn-v-dearborn-nyappdiv-1951.

Opinion

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