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Matter of Windwer v. Windwer

Appellate Division of the Supreme Court of New York, Second Department
Jun 6, 1972
39 A.D.2d 927 (N.Y. App. Div. 1972)

Summary

In Matter of Windwer v Windwer (39 A.D.2d 927, affd. 33 N.Y.2d 599), the Court of Appeals held that a man's first family has first claim on his income as opposed to his second family.

Summary of this case from Matter of Felisa L D v. Allen M

Opinion

June 6, 1972


In a proceeding pursuant to section 466 (subd. [c], par. [ii]) of the Family Court Act in which appellant sought modification of a decree of divorce rendered by a court in Mexico, the appeal is from so much of an order of the Family Court, Nassau County, dated December 10, 1971 and entered January 4, 1972, as denied the application and dismissed the petition after a nonjury trial. Order modified, on the law, by limiting the denial of the application and dismissal of the petition to the portion relating to the question of reduction of the amounts to be paid for support. As so modified, order affirmed insofar as appealed from, without costs, and proceeding remanded to the Family Court, Nassau County, for a hearing and a new determination on the question of whether there should be a modification as to visitation. A divorced husband's remarriage and a child born of his remarriage are not such circumstances as would warrant a reduction in support provisions, where the husband's income remains unchanged. With respect to modification of visitation arrangements, not considered by the court below, the proceeding should be remanded for a hearing at which the pertinent circumstances may be adduced and a new determination made. Hopkins, Acting P.J., Munder, Martuscello, Gulotta and Christ, JJ., concur.


Summaries of

Matter of Windwer v. Windwer

Appellate Division of the Supreme Court of New York, Second Department
Jun 6, 1972
39 A.D.2d 927 (N.Y. App. Div. 1972)

In Matter of Windwer v Windwer (39 A.D.2d 927, affd. 33 N.Y.2d 599), the Court of Appeals held that a man's first family has first claim on his income as opposed to his second family.

Summary of this case from Matter of Felisa L D v. Allen M

In Matter of Windwer v Windwer (39 A.D.2d 927, 928, affd 33 N.Y.2d 599), the Second Department held, "A divorced husband's remarriage and a child born of this remarriage are not such circumstances as would warrant a reduction in support provisions, where the husband's income remains unchanged".

Summary of this case from Matter of Lawrence R v. Muriel R

In Matter of Windwer v. Windwer (39 A.D.2d 927, 928, affd. 33 N.Y.2d 599), the court said, "A divorced husband's remarriage and a child born of his remarriage are not such circumstances as would warrant a reduction in support provisions, where the husband's income remains unchanged."

Summary of this case from Milton v. Milton
Case details for

Matter of Windwer v. Windwer

Case Details

Full title:In the Matter of RUTH WINDWER, Respondent, v. STANLEY WINDWER, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 6, 1972

Citations

39 A.D.2d 927 (N.Y. App. Div. 1972)

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