Hibbard v. Hibbard

Appellate Division of the Supreme Court of New York

Hibbard v. Hibbard

285 A.D. 921, 137 N.Y.S.2d 412, 1955 N.Y. App. Div. LEXIS 6110

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

DecidedFebruary 3, 1955

StatusPublished

This text of 285 A.D. 921 (Hibbard v. Hibbard) 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

Hibbard v. Hibbard, 285 A.D. 921, 137 N.Y.S.2d 412, 1955 N.Y. App. Div. LEXIS 6110 (N.Y. Ct. App. 1955).

Pincite

Opinion

Appeal from an order of the Supreme Court at Special Term, entered in Broome County on October 13, 1953. Entered upon a motion to punish defendant for contempt for failure to pay alimony and a cross motion for the reduction of alimony, [922]*922the order denies the motion to punish upon condition that the defendant pay $125 in full settlement of arrears, reduces the amount of alimony from $20 to $15 per week, and allows a counsel fee to plaintiff’s attorney of $15. While the added financial burden occasioned by remarriage of the defendant in violation of the divorce decree should not be considered in fixing the amount of alimony, it appears that defendant is ill and under the care of a physician. If conditions change a further application for modification of the decree may be made. The order is discretionary, and under the circumstances there was no abuse of discretion. Order unanimously affirmed, without costs. Present — Foster, P. J., Bergan, Coon, Imrie and Zeller, JJ.

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Appeal from an order of the Supreme Court at Special Term, entered in Broome County on October 13, 1953. Entered upon a motion to punish defendant for contempt for failure to pay alimony and a cross motion for the reduction of alimony, [922]*922the order denies the motion to punish upon condition that the defendant pay $125 in full settlement of arrears, reduces the amount of alimony from $20 to $15 per week, and allows a counsel fee to plaintiff’s attorney of $15. While the added financial burden occasioned by remarriage of the defendant in violation of the divorce decree should not be considered in fixing the amount of alimony, it appears that defendant is ill and under the care of a physician. If conditions change a further application for modification of the decree may be made. The order is discretionary, and under the circumstances there was no abuse of discretion. Order unanimously affirmed, without costs. Present — Foster, P. J., Bergan, Coon, Imrie and Zeller, JJ.

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Bluebook (online)

285 A.D. 921, 137 N.Y.S.2d 412, 1955 N.Y. App. Div. LEXIS 6110, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hibbard-v-hibbard-nyappdiv-1955.