Eldredge v. Eldredge
| Decision Date | 31 May 1967 |
| Citation | 280 N.Y.S.2d 227,27 A.D.2d 475 |
| Parties | David R. ELDREDGE, Appellant, v. Mary H. ELDREDGE, Respondent. |
| Court | New York Supreme Court — Appellate Division |
Max H. Hershkowitz, Schenectady, for petitioner-appellant
Richard Johnson, Albany, for respondent.
Before GIBSON, P.J., and HERLIHY, REYNOLDS, AULISI and GABRIELLI, JJ.
The parties to this proceeding physically separated in June of 1962 at which time the husband moved from the home. In August of 1962 the Children's Court of Schenectady County acquired jurisdiction and issued an order of support which was amended from time to time until the final one before this proceeding on August 20, 1964. The wife remained a resident of the State of New York, but the husband moved to California in December of 1962 and in January of 1964 instituted an action there for divorce, process being served personally within the State of New York upon his wife, who did not, however, appear in the California action, either personally or by attorney. He secured an interlocutory decree in February of 1964 and a final decree on February 19, 1965. The California decree of divorce makes no provision for support of the wife. On April 4, 1966 the husband started proceedings in this State in reliance on the divorce decree to amend the August 20, 1964 order by deleting therefrom all provisions for the support of the wife. The Family Court by the order appealed from denied such relief except to the extent of deleting the provision giving sole occupancy to the husband's house to the wife and providing instead that the husband must provide housing equal to the same.
The issue on this appeal is whether or not a foreign divorce decree valid to dissolve the marriage status, but obtained without personal jurisdiction of the defendant, has the effect of terminating prior adjudications of support by the New York Family Court.
There is no dispute on this appeal but that the divorce dissolved the marriage covenants in all respects other than that of support. Of course, there is hardly any question of more import to a former husband than that of the cost of his former desire for Consortium.
In Vanderbilt v. Vanderbilt, 1 N.Y.2d 342, 351, 153 N.Y.S.2d 1, 7, 135 N.E.2d 553, 557 the court stated:
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