Mackey v. Mackey
| Decision Date | 05 July 1977 |
| Citation | 58 A.D.2d 806,396 N.Y.S.2d 257 |
| Parties | Anne T. MACKEY, Respondent, v. Paul A. MACKEY, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Choate, Doman, Moore & Hahn, New York City (William T. Livingston III and Nicholas R. Doman, New York City, of counsel), for appellant.
Joseph O. Giaimo, Kew Gardens, for respondent.
Before HOPKINS, J. P., and MARTUSCELLO, MARGETT and O'CONNOR, JJ.
MEMORANDUM BY THE COURT.
In an action inter alia to enforce the child support and alimony provisions of a Mexican divorce decree, as well as similar provisions of a separation agreement which was incorporated but not merged therein, and to recover arrears thereunder, defendant appeals (1) from a judgment of the Supreme Court, Nassau County, dated April 29, 1976, which, after a nonjury trial, inter alia, modified the child support and alimony provisions of the Mexican divorce decree, awarded the plaintiff arrears thereunder and held the separation agreement to be enforceable, (2) from an order of the same court, dated March 22, 1977, which, after a hearing, inter alia, held him in contempt for failure to pay alimony and child support, and denied his cross motion for a downward modification of the alimony and child support provisions of the judgment dated April 29, 1976, and (3) as limited by his brief, from so much of a further order of the same court, dated April 11, 1977, as, upon reargument, adhered to the determination embodied in the order dated March 22, 1977.
Judgment modified, on the facts, by (1) reducing the amount of alimony awarded in the second decretal paragraph thereof to $50 per week and (2) adding thereto a provision that the total award of alimony and child support shall be further reduced to the extent of any moneys which may be paid pursuant to any income execution which is imposed upon defendant by plaintiff to obtain payment of arrears due under the separation agreement. As so modified, judgment affirmed, without costs or disbursements.
Appeal from the order dated March 22, 1977 dismissed as academic, without costs or disbursements. That order was superseded by the order made upon reargument.
Order dated April 11, 1977 modified, on the facts, by adding thereto, immediately following the provision which adheres to the original determination, the following: "except that the provisions of the order dated March 22, 1977 which held defendant in contempt and fixed arrears are deleted." As so modified, order affirmed...
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