(Download) "Matter Boaz Avitzur v. Susan R. Avitzur" by Supreme Court of New York # eBook PDF Kindle ePub Free
eBook details
- Title: Matter Boaz Avitzur v. Susan R. Avitzur
- Author : Supreme Court of New York
- Release Date : January 24, 1980
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
Appeal from an order of the Family Court of Albany County, entered on July 7, 1978, which dismissed a petition seeking modification of a support order. The respondent originally brought an action against the appellant in 1974 seeking a divorce, and in conjunction therewith the Supreme Court at a Special Term entered an order dated November 23, 1974 which modified a prior order so as to provide that appellant must "pay the sum of $75 per week for the support of plaintiff [respondent] and the child". In a decision dated December 27, 1977, the same Special Term denied a motion by appellant for a reduction of the 1974 order upon the ground that he had previously willfully flouted the support order. In April of 1978 the parties entered into a stipulation in Supreme Court whereby respondent withdrew her complaint for a divorce and consented that the appellant should proceed on the grounds of cruel and inhuman treatment as an uncontested divorce proceeding. On May 17, 1978 a judgment of divorce was entered in favor of appellant and the judgment, after referring all matters of support to Family Court, ordered "that all existing orders of * * * support not modified herein shall continue until further order of the Family Court of the State of New York". The appellant promptly petitioned the Family Court on May 23, 1978 to reduce the outstanding Supreme Court support order of 1974 from $75 to $30. On July 5, 1978 the respondent secured an order to show cause in Family Court seeking to increase the 1974 support. However, it is only the appellants petition that was considered by the Family Court because the respondents show cause order was [73 A.D.2d 1010 Page 1011]