Judd v. Judd

CourtUnited States State Supreme Court (New York)
Writing for the CourtJAMES W. BAILEY
Citation235 N.Y.S.2d 117
PartiesAnne W. JUDD, Plaintiff, v. Clifford JUDD, Defendant.
Decision Date13 November 1962

Page 117

235 N.Y.S.2d 117
Anne W. JUDD, Plaintiff,
Clifford JUDD, Defendant.
Supreme Court, Westchester County.
Nov. 13, 1962.

Harry J. Hill, Scarsdale, for plaintiff.

Warren W. Wells, White Plains, for defendant.


This motion by the defendant is to modify the support provisions of a judgment of separation made by this Court on March 6, 1958. The judgment permits the plaintiff to occupy the dwelling owned by the parties; directs the defendant to pay the carrying charges thereon, and provides that the defendant pay $110.00 a week for the support of the plaintiff and the two children of the marriage. The defendant seeks reduction of the weekly payments alleging reduced earnings and that the children, one now 21 years of age, the other 20, are employed and self-sustaining.

The judgment was based upon findings that defendant had an adjusted gross income of $15,677.27 a year from a retail liquor store of which he was sole proprietor. He has sold a half interest in the business for

Page 118

$50,000.00 and used all but about $2,500.00 of the proceeds to buy stock for the store and to pay bills, outstanding loans, back taxes and other obligations. The business is now incorporated with defendant owning 50% of the stock.

The defendant's income tax returns in evidence show an adjusted gross income for 1960 of $11,372.85 and $12,545.93 for 1961 consisting primarily of his salary from the corporation; also the 1961 return shows income of $350.00 from savings bank interest indicating a deposit of approximately $8,000.00. He testified that in the current year through October he has drawn $11,277.00, a figure which if projected to the end of the year at the same monthly average would indicate a salary of $13,531.00 for the year 1962. The corporation franchise tax report for the fiscal year ended May 31, 1961, also in evidence, shows a net income after the payment of salaries of $8,442.71 indicating defendant's share of profits from the business to be $4,221.35 in excess of the amount actually withdrawn.

The defendant testified that from his income and earnings he pays $7,760.00 a year by force of the separation judgment, namely, $2,040 .00 a year for the carrying charges on the house and $5,720.00 a year to the plaintiff at the $110.00 weekly rate. The weekly payments, however, have not been made in full during the current year, the defendant having paid the plaintiff only $75.00 a week for several months last past.


To continue reading

Request your trial
1 cases
  • Brody v. Brody
    • United States
    • New York Supreme Court Appellate Division
    • October 6, 1964
    ...fixed. (See Peters v. Peters, 14 A.D.2d 778, 219 N.Y.S.2d 906; Sloan v. Sloan, 286 App.Div. 1102, 145 N.Y.S.2d 797; Judd v. Judd, Sup., 235 N.Y.S.2d 117, n. o. r.) Concededly, at the time of the rendition of the judgment the defendant was and still is a man of substantial means, and, on the......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT