Golden v. Golden

Appellate Division of the Supreme Court of New York

Golden v. Golden

69 A.D.2d 770, 415 N.Y.S.2d 30, 1979 N.Y. App. Div. LEXIS 11380

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

DecidedApril 5, 1979

StatusPublished

This text of 69 A.D.2d 770 (Golden v. Golden) 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.

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Golden v. Golden, 69 A.D.2d 770, 415 N.Y.S.2d 30, 1979 N.Y. App. Div. LEXIS 11380 (N.Y. Ct. App. 1979).

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Opinions

Order, Supreme Court, New York County, entered October 18, 1977, which, inter alia, confirmed the report of the Special Referee in part and reduced alimony payments from $140 to $125 per week, modified, on the facts and in the exercise of discretion, to the extent of reinstating the alimony payments to $140 per week beginning from the date of the decision of this court, and otherwise affirmed, without costs or disbursements. The initial level of support for Shirley Golden under a judgment of separation was set at $100 per week in 1961. In March, 1966, Shirley moved to modify the judgment. The parties stipulated in November, 1967 to increase support payments to $140 per week. In February, 1971, a divorce decree was signed. In 1975, Shirley moved to punish David Golden for contempt in defaulting in payments, and David cross-moved to reduce,, weekly payments from $140 to $70. Shirley then also moved for upward modification of alimony. The motion and cross motion relating to alimony were referred to a Special Referee to hear and report, together with his recommendations. The referee recommended reduction of weekly payments to $125 per week, noting, inter alia, that Shirley was employable. However, Shirley is 52 years old, was not previously employed, claims not to have marketable skills, and has a progressively deteriorating physical condition. David showed no substantial adverse change in his financial condition. Under these circumstances, the $15-per-week reduction directed by Special Term was significant, and we have modified the order accordingly. Concur—Birns, J. P., Fein, Lane and Bloom, JJ.

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Order, Supreme Court, New York County, entered October 18, 1977, which, inter alia, confirmed the report of the Special Referee in part and reduced alimony payments from $140 to $125 per week, modified, on the facts and in the exercise of discretion, to the extent of reinstating the alimony payments to $140 per week beginning from the date of the decision of this court, and otherwise affirmed, without costs or disbursements. The initial level of support for Shirley Golden under a judgment of separation was set at $100 per week in 1961. In March, 1966, Shirley moved to modify the judgment. The parties stipulated in November, 1967 to increase support payments to $140 per week. In February, 1971, a divorce decree was signed. In 1975, Shirley moved to punish David Golden for contempt in defaulting in payments, and David cross-moved to reduce,, weekly payments from $140 to $70. Shirley then also moved for upward modification of alimony. The motion and cross motion relating to alimony were referred to a Special Referee to hear and report, together with his recommendations. The referee recommended reduction of weekly payments to $125 per week, noting, inter alia, that Shirley was employable. However, Shirley is 52 years old, was not previously employed, claims not to have marketable skills, and has a progressively deteriorating physical condition. David showed no substantial adverse change in his financial condition. Under these circumstances, the $15-per-week reduction directed by Special Term was significant, and we have modified the order accordingly. Concur—Birns, J. P., Fein, Lane and Bloom, JJ.

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Bluebook (online)

69 A.D.2d 770, 415 N.Y.S.2d 30, 1979 N.Y. App. Div. LEXIS 11380, Counsel Stack Legal Research, https://law.counselstack.com/opinion/golden-v-golden-nyappdiv-1979.