Summary
In Kavanagh v. Kavanagh, 134 N.J. Eq. 358 (E. A. 1944), the court, in a short per curiam which does not review the facts, reduced the amount allowed defendant's ex-wife and two children as support and maintenance, noting that the children had grown up and were gainfully employed, defendant had remarried, and his present wife could no longer work because of poor health.
Summary of this case from Bartok v. BartokOpinion
Argued October term, 1943.
Decided January 27th, 1944.
Weekly alimony award further reduced in view of the fact that the two children of the marriage have grown up and the appellant remarried.
On appeal from the Court of Chancery.
Mr. William V. Azzoli, for the petitioner-appellant.
Mr. John J. Flaherty, Jr., and Mr. Samuel S. Stern, for the defendant-respondent.
In the early part of 1935, respondent was awarded $14 a week alimony for her support and the maintenance of two minor children of the marriage. The petitioner-appellant recently applied for a modification of this order. The two children have grown up and they are gainfully employed as is also the respondent. Appellant remarried. For a time his present wife was employed. Poor health now forbids that she work.
The learned advisory master reduced the alimony to $13 a week. We do not think that was sufficient. Since the facts in each case of this class differ, long recitations of the proofs serve no useful purpose nor can any satisfactory single rule be laid down. Each case must stand on its own merits. From our examination of the record, we think the alimony should have been reduced to $8 per week.
The order appealed from is so modified.
For modification — THE CHIEF-JUSTICE, PARKER, CASE, BODINE, DONGES, HEHER, PORTER, COLIE, DEAR, WELLS, RAFFERTY, HAGUE, THOMPSON, DILL, JJ. 14.