Livingston v. Livingston

Appellate Division of the Supreme Court of New York

Livingston v. Livingston

9 A.D.2d 890, 193 N.Y.S.2d 838, 1959 N.Y. App. Div. LEXIS 5537

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

DecidedDecember 15, 1959

StatusPublished

This text of 9 A.D.2d 890 (Livingston v. Livingston) 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

Livingston v. Livingston, 9 A.D.2d 890, 193 N.Y.S.2d 838, 1959 N.Y. App. Div. LEXIS 5537 (N.Y. Ct. App. 1959).

Pincite

Opinion

Order of Domestic Relations Court unanimously affirmed. The proof as to the needs and requirements of the two children of the parties was not as full and definitive as would ordinarily be desirable, even when measured by the informal standards that are generally acceptable upon a hearing relating to the appropriate support provisions for the children of a marriage. Upon this hearing, however, respondent did not dispute the assertions made by petitioner’s counsel as to the needs of the children, which as uncontested, amply justify the support provisions. Respondent by his position and conduct during the hearings virtually limited the controverted issues to his own means and capacity to pay. The disposition herein is without prejudice to any application respondent may be advised to make to reduce the support provisions, if he really wishes to place in issue the needs and requirements of the children. Concur — Botein, P. J., Breitel, M. M. Frank, Valente and Stevens, JJ.

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Order of Domestic Relations Court unanimously affirmed. The proof as to the needs and requirements of the two children of the parties was not as full and definitive as would ordinarily be desirable, even when measured by the informal standards that are generally acceptable upon a hearing relating to the appropriate support provisions for the children of a marriage. Upon this hearing, however, respondent did not dispute the assertions made by petitioner’s counsel as to the needs of the children, which as uncontested, amply justify the support provisions. Respondent by his position and conduct during the hearings virtually limited the controverted issues to his own means and capacity to pay. The disposition herein is without prejudice to any application respondent may be advised to make to reduce the support provisions, if he really wishes to place in issue the needs and requirements of the children. Concur — Botein, P. J., Breitel, M. M. Frank, Valente and Stevens, JJ.

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Bluebook (online)

9 A.D.2d 890, 193 N.Y.S.2d 838, 1959 N.Y. App. Div. LEXIS 5537, Counsel Stack Legal Research, https://law.counselstack.com/opinion/livingston-v-livingston-nyappdiv-1959.