Risko v. Risko.

• Decision Date: 03 May 1946
• Docket Number: No. 203.,203.
• Citation: 46 A.2d 810
• Parties: RISKO v. RISKO.
• Court: New Jersey Supreme Court

46 A.2d 810

RISKO

v.RISKO.

No. 203.

Court of Errors and Appeals of New Jersey.

May 3, 1946.

Appeal from Court of Chancery.

Suit for divorce by Theresa Risko against Andrew Risko, wherein plaintiff was granted a divorce and defendant was directed to pay alimony. From portion of a final decree directing him to pay counsel fee to plaintiff's attorney within 90 days and portion of order amending final decree so as to require payment of counsel fee and costs within 48 days from entry of final decree, defendant appeals.

Modified and cause remanded to be treated consistently with opinion.

PARKER, and DONGES, Justices, and RAFFERTY, Judge, dissenting in part.

Benjamin Ratner, of Newark, for appellant.

Frank A. Boettner, of Newark, for respondent.

PERSKIE, Justice.

The two appeals before us in this cause arise out of a separate maintenance and support suit one phase of which has already received our attention. Risko v. Risko, 136 N.J.Eq. 93, 40 A.2d 545. When the controversy between the parties was last before us, we affirmed an order refusing to reduce the alimony to be paid by the husband to the wife; and we modified the same order which adjudged the husband in contempt and directed that he be committed to jail, by holding that in lieu of his commitment a fine not too large should be imposed upon him for the use of the State. Risko v. Risko, supra.

Following our decision in this matter a dispute arose as to the form of the remittitur. That submitted by respondent was finally entered and we allowed to respondent's solicitor a counsel fee of $100. Motion was then made to settle the form of the final decree which was ultimately entered on April 18, 1945. That decree, in conformity with our conclusions, adjudged the husband in contempt of a former decree directing him to pay $17.50 weekly to his wife, the proofs being that he paid but $10 weekly, and further required him to pay a $50 fine for the use of the State, the costs of the proceedings, the $100 counsel fee allowed by us, and an additional $250 counsel fee allowed for the proceedings in the Court of Chancery. The decree allowed the husband 90 days within which to comply therewith. Subsequently, and on motion, the final decree was amended by order dated May 22, 1945, so that the husband was allowed 48 days instead of 90 days from the entry of the final decree within which to comply therewith.

The husband appeals from those portions of the final decree, dated April 18, 1945, (1) directing him to pay a counsel fee of $250 and (2) directing that he pay the same within 90 days or be committed. In addition the husband appeals from that portion of the order of May 22, 1945, amending the final decree, which requires that the counsel fees and costs to be paid within 48 days from the entry of the final decree which is within 14 days from the entry of the order of May 22, 1945.

The husband is now in contempt of court. He has not yet paid the fine imposed upon him, nor the costs of the proceedings, nor the fee of $100 to his wife's counsel allowed by this court, although more than 90 days from the time of the entry of the decree has elapsed. He has disregarded practically every order made against him.

1. There is no merit to the husband's appeal from that...