Ferrazza v. Ferrazza
| Decision Date | 26 May 1967 |
| Docket Number | No. 100,100 |
| Citation | 102 R.I. 265,229 A.2d 773 |
| Parties | Shirley A. FERRAZZA v. Albert C. FERRAZZA. Appeal |
| Court | Rhode Island Supreme Court |
In this proceeding in the family court a final decree was entered on May 25, 1965, granting the petitioner a divorce, awarding her custody of the three minor children of the parties, and directing the respondent to pay her $50 per week for their support through May 28, 1966, and $25 per week thereafter. Just prior to that date the petitioner moved to modify, and on June 3, 1966, a decree was entered directing the respondent 'to continue to pay the sum of $50.00 per week for the support of the minor children of the parties * * *.' The case is here on the respondent's appeal from that decree.
The law controlling in matters of this kind is settled. The moving party has the burden of proving by a fair preponderance of the legal evidence, Ciallella v. Ciallella, 81 R.I. 320, 103 A.2d 77, that the children's need for support has increased and that their father is financially able to pay more than the amount originally fixed. Spaziano v. Spaziano, 94 R.I. 258, 179 A.2d 849; Getek v. Getek, 81 R.I. 493, 104 A.2d 750; Reynolds v. Reynolds, 79 R.I. 163, 85 A.2d 565; Gartner v. Gartner, 79 R.I. 399, 89 A.2d 368. Until such a change in conditions has been shown, the rights of the parties will remain settled under the existing decree. Moore v. Moore, 53 R.I. 294, 166 A. 501.
Our examination of the record discloses that petitioner was regularly employed at the time her divorce became final. Her average weekly take-home pay was $68, and in addition she received, of course, regular support payments of $50 per week from respondent. The total of $118 was all that was available to care for the children, to provide for herself, and to meet the mortgage payments on the home which under a separation agreement with respondent is now hers.
What causes the difficulty is that petitioner's financial condition has worsened since the entry of the final decree. Where once she worked full time, her poor health now makes it impossible for her to work steadily. Her earnings have been more than cut in half, and presently her average weekly take-home pay is only $30. Moreover, a general rise in the cost of living as well as the increasing demands of growing children have made it more costly to feed and clothe them and to meet the premiums on their medical insurance. While this increase in living expenses may be relatively small, it is not the sole criterion for determining whether or not the children need additional support from their father. No less relevant is petitioner's inability to assist as much as she once did in...
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Heatherton v. Heatherton
...1 A listing of some of our own cases so holding includes: Rock v. Rock, 107 R.I. 172, 265 A.2d 640 (1970); Ferrazza v. Ferrazza, 102 R.I. 265, 229 A.2d 773 (1967); Robinson v. Robinson, 99 R.I. 425, 208 A.2d 390 (1965); Gordon v. Gordon, 95 R.I. 299, 186 A.2d 732 (1962); Spaziano v. Spazian......
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...to the father, such as stock in a partially or wholly-owned corporation, as well as other sources of income. Ferrazza v. Ferrazza, 102 R.I. 265, 267-68, 229 A.2d 773, 774 (1967). The trial justice indicated in his amended decision that he was not unaware of such factors and in our opinion t......
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...for support has increased and that their father is financially able to pay more than the amount originally fixed. Ferrazza v. Ferrazza, 102 R.I. 265, 229 A.2d 773 (1967). The decision of a trial justice with respect to the modification of support obligations will not be disturbed on appeal ......