Riccio v. Riccio

Decision Date13 January 1966
Citation153 Conn. 317,216 A.2d 431
CourtConnecticut Supreme Court
PartiesWilliam J. RICCIO, Jr. v. Ann RICCIO.

Michael R. J. O'Connor, New Haven, with whom, on the brief, was David M. Reilly, Jr., New Haven, for appellant (plaintiff).

Joseph J. Mager, Milford, for appellee (defendant).

Before KING, C. J., and MURPHY, ALCORN, SHANNON and HOUSE, JJ.

ALCORN, Associate Justice.

The plaintiff has appealed from the denial of his motion to modify a decree in a divorce action relative to the support of his minor child. He claims, in substance, that, since he has remarried, the court erred in not considering the needs of the wives and children of both marriages in the light of his overall financial situation, and that it had discretion to grant the modification which he sought on the basis of those needs and the plaintiff's and defendant's financial situation as disclosed in affidavits.

The essential facts are not in issue. The defendant, on her counterclaim, was granted a divorce from the plaintiff in December, 1959. In the divorce decree the plaintiff was ordered to pay alimony of $5 a week and support of $25 a week and all medical bills for a five-year-old son. In April, 1962, the decree was modified, on the agreement of the parties, to require the plaintiff to pay $1 a year alimony and $25 a week for the support of the child. At that time the plaintiff had remarried and was the father of a child of the second marriage. On March 26, 1965, the plaintiff made the motion for modification which is the subject of this appeal. At the time of the hearing on this motion he was living with his second wife and the two children of that marriage. His gross income then was not less than it had been when the original decree was passed in 1959, and the defendant's income had increased only slightly since the modification made in 1962. No testimony was offered in support of the motion. The court's ruling was based on unrecorded statements of counsel and affidavits of income and expense filed by the parties and made a part of the record in this appeal.

The amount of an award for the support of children incident to a divorce is a matter within the sound discretion of the trial court and will not be disturbed unless the discretion appears to have been abused. Shrager v. Shrager, 144 Conn. 483, 486, 134 A.2d 69. Various circumstances enter into the determination of the amount, including the estate of the husband, his income, age, health and earning...

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12 cases
  • Baker v. Baker
    • United States
    • Connecticut Supreme Court
    • June 25, 1974
    ...and the age, health, station and separate estate of the wife. Heard v. Heard,116 Conn. 632, 636, 166 A. 67; see also Riccio v. Riccio, 153 Conn. 317, 319, 216 A.2d 431; Felton v. Felton, 123 Conn. 564, 567, 196 A. 791.' Hotkowski v. Hotkowski, 165 Conn, 167, 170, 328 A.2d 674. 'An abuse of ......
  • Lev v. Lev
    • United States
    • Connecticut Court of Appeals
    • April 28, 1987
    ...that result from a remarriage are not alone sufficient to justify a modification of a support and alimony decree. Riccio v. Riccio, 153 Conn. 317, 320, 216 A.2d 431 (1966). In reviewing a trial court's decision on a motion to modify, every reasonable presumption will be made in favor of the......
  • Timm v. Timm
    • United States
    • Connecticut Supreme Court
    • February 12, 1985
    ...sound discretion of the trial court and will not be disturbed unless the discretion appears to have been abused." Riccio v. Riccio, 153 Conn. 317, 319, 216 A.2d 431 (1966); see Shrager v. Shrager, 144 Conn. 483, 486, 134 A.2d 69 (1957). It is further recognized that an order for the support......
  • Berry v. Berry, No. FV-96-0071815 (CT 4/19/2004)
    • United States
    • Connecticut Supreme Court
    • April 19, 2004
    ...children and has health issues. Financial hardships due to remarriage do not warrant modification of financial orders. Riccio v. Riccio, 15c Conn. 317, 216 A.2d 431 (1966). Mr. Berry has been able to support his new family and make provision for his retirement and his children's education, ......
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