Duval v. Catherwood

Appellate Division of the Supreme Court of New York

Duval v. Catherwood

33 A.D.2d 904, 307 N.Y.S.2d 845, 1970 N.Y. App. Div. LEXIS 5814

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

DecidedJanuary 5, 1970

StatusPublished

This text of 33 A.D.2d 904 (Duval v. Catherwood) 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

Duval v. Catherwood, 33 A.D.2d 904, 307 N.Y.S.2d 845, 1970 N.Y. App. Div. LEXIS 5814 (N.Y. Ct. App. 1970).

Pincite

Opinion

Petitioner appeals from (1) so much of an order of the Family Court, 'Suffolk County, dated April 22, 1969, as amended a prior order of said court by increasing the amount that respondent is required to pay for support to only $108.88 every two weeks, and (2) a payroll deduction order of the same court, also dated April 22, 1969. First above-mentioned order modified, on the law and the facts, by adding thereto a provision directing respondent to pay to appellant, at the same times that the biweekly support payments are required to be made thereunder, an additional amount of $20 on account of arrears of support; and second above-mentioned order modified, on the law and the facts, by increasing the amount set forth in the decretal provisions thereof from $108.88 to $128;88, so as to include $20 on account of arrears. As so modified, orders affirmed insofar as appealed from, without costs. In our opinion, the failure of the court below to include provisions for payment of arrears was apparently inadvertent since the only issue before it was the question of increased support based on respondent’s increased earnings. 'Brennan, Acting P. J., Hopkins, Benjamin, Munder and Kleinfeld, JJ., concur.

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Petitioner appeals from (1) so much of an order of the Family Court, 'Suffolk County, dated April 22, 1969, as amended a prior order of said court by increasing the amount that respondent is required to pay for support to only $108.88 every two weeks, and (2) a payroll deduction order of the same court, also dated April 22, 1969. First above-mentioned order modified, on the law and the facts, by adding thereto a provision directing respondent to pay to appellant, at the same times that the biweekly support payments are required to be made thereunder, an additional amount of $20 on account of arrears of support; and second above-mentioned order modified, on the law and the facts, by increasing the amount set forth in the decretal provisions thereof from $108.88 to $128;88, so as to include $20 on account of arrears. As so modified, orders affirmed insofar as appealed from, without costs. In our opinion, the failure of the court below to include provisions for payment of arrears was apparently inadvertent since the only issue before it was the question of increased support based on respondent’s increased earnings. 'Brennan, Acting P. J., Hopkins, Benjamin, Munder and Kleinfeld, JJ., concur.

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Bluebook (online)

33 A.D.2d 904, 307 N.Y.S.2d 845, 1970 N.Y. App. Div. LEXIS 5814, Counsel Stack Legal Research, https://law.counselstack.com/opinion/duval-v-catherwood-nyappdiv-1970.