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eBook details

• Title: Richard A. Hickland
• Author : Supreme Court of New York
• Release Date : January 31, 1977
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 56 KB

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[56 A.D.2d 978 Page 978] Appeals from two orders of the Supreme Court at Special Term, entered October 7, 1976 in Washington County, which (1) denied plaintiff's motion to discontinue and terminate the alimony provisions of a judgment of divorce entered April 16, 1974 and (2) granted defendant's motion for an order holding plaintiff in contempt for failure to comply with said alimony provisions. This court has previously ordered consolidation of these appeals. When the parties were divorced, the plaintiff was directed to pay $50 per month alimony. Upon appeal this court deleted the alimony provision (Hickland v Hickland, 46 A.D.2d 954). Thereafter, the Court of Appeals, after observing that plaintiff was an engineer who had earned $48,000 per annum before deciding that he would be happier farming, stated that he had an obligation to use his assets and earning powers if these are required in order to meet his obligation to maintain the marital standard of living and, further, that he could not be indulged by judicial sanction in his attempt to avoid his obligation to his wife by abandoning a remunerative profession (Hickland v Hickland, 39 N.Y.2d 1, 5-6). Following entry of the Court of Appeals order, defendant moved for and obtained a judgment of $5,000 for arrearages in alimony payments as of March 8, 1976. Plaintiff then moved to discontinue alimony alleging changed circumstances with respect to himself and defendant. Defendant, by order to show cause, moved for an order holding plaintiff in contempt for failure to comply with the alimony provision of the judgment. The motions were heard together and Special Term, after oral arguments with plaintiff appearing pro se, denied plaintiff's motion and granted defendant's motion by directing plaintiff to pay arrearages, found to be $6,250, in six $1,000 monthly payments and one $250 payment in the seventh month together with the regular $50 per month alimony payment. Failure to comply with any of the payment terms would result in three weeks' imprisonment for each month that the payments were not made. Initially, two procedural points raised by plaintiff must be resolved. Special Term acted within its discretion in granting defendant's [56 A.D.2d 978 Page 979]

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