Shacknow v. Shacknow

New York Supreme Court

Shacknow v. Shacknow

146 Misc. 6, 260 N.Y.S. 509, 1932 N.Y. Misc. LEXIS 1615

DecidedAugust 17, 1932

StatusPublished

This text of 146 Misc. 6 (Shacknow v. Shacknow) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Shacknow v. Shacknow, 146 Misc. 6, 260 N.Y.S. 509, 1932 N.Y. Misc. LEXIS 1615 (N.Y. Super. Ct. 1932).

Pincite

Opinion

Cuff, J.

Objection is raised to motion because defendant is in arrears and has not complied with the order he seeks to modify.

Defendant alleges that he has endeavored to obey the order, but finds it impossible. Instead of $125 he has been sending his wife $50 per week. He contends that by accident his attorney was not present at the inquest. He intended to defend to the extent of contesting the allowance of alimony. Fifty dollars per week is the sum that was allowed on the motion for temporary alimony. There is no legal barrier in the way of a motion to reduce alimony just because the husband is in arrears as required by the order. If there was, there would be no relief possible from a bad situation that time was making worse. 1 will reduce the alimony to $50 per week and refer the matter to the official referee to hear and report. Alimony as reduced will be paid until the official referee’s report is acted upon.

Free access — add to your briefcase to read the full text and ask questions with AI

Cuff, J.

Objection is raised to motion because defendant is in arrears and has not complied with the order he seeks to modify.

Defendant alleges that he has endeavored to obey the order, but finds it impossible. Instead of $125 he has been sending his wife $50 per week. He contends that by accident his attorney was not present at the inquest. He intended to defend to the extent of contesting the allowance of alimony. Fifty dollars per week is the sum that was allowed on the motion for temporary alimony. There is no legal barrier in the way of a motion to reduce alimony just because the husband is in arrears as required by the order. If there was, there would be no relief possible from a bad situation that time was making worse. 1 will reduce the alimony to $50 per week and refer the matter to the official referee to hear and report. Alimony as reduced will be paid until the official referee’s report is acted upon.

Cite This Page — Counsel Stack

Bluebook (online)

146 Misc. 6, 260 N.Y.S. 509, 1932 N.Y. Misc. LEXIS 1615, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shacknow-v-shacknow-nysupct-1932.