Rybinski v. Rybinski, No. 21

• Court: Supreme Court of Michigan
• Writing for the Court: BUSHNELL; NORTH
• Citation: 53 N.W.2d 386,333 Mich. 592
• Docket Number: No. 21
• Decision Date: 16 May 1952
• Parties: RYBINSKI v. RYBINSKI.

Page 386

53 N.W.2d 386 333 Mich. 592 RYBINSKI
v.
RYBINSKI. No. 21. Supreme Court of Michigan. May 16, 1952.

[333 Mich. 593]

Page 387

Max H. Horwood, Detroit, for appellant.

John G. Cross, Detroit, for appellee.

Before the Entire Bench.

[333 Mich. 594] BUSHNELL, Justice.

Plaintiff Henrietta A. Rybinski, who made no attempt to collect past due alimony for more than 28 years, obtained an order requiring her divorced husband to pay the sum of $2,000 'forthwith as settlement in full for any and all claims' arising out of a decree of divorce granted on June 25, 1921. At the time of the divorce the daughter of the parties, Zenonia, was 13 months old. The wife was awarded the custody of the infant, and the husband was ordered to pay the sum of $10 per week until further order 'for the support and maintenance of said minor child and said plaintiff.'

No further calendar entries appear in the cause until February 10, 1950, when the divorced wife sought enforcement of the decree. The friend of the court, as referee, reported that the plaintiff had remarried 7 days after the entry of the decree; that the daughter had since been married; that defendant had remarried in 1924 and has another daughter 24 years old; and that 13 years after the divorce defendant, by order of the probate court, was permitted to change his name to Carl Robinson.

Defendant visited Zenonia on several occasions before he left for China in 1946. Except for a four months' visit to Poland in 1921, and a year in China, Rybinski had lived at various addresses in Detroit and his name had been listed in city directories from 1921 to 1936. Since his divorce, Rybinski had been employed at various manufacturing plants in Detroit and had acquired property, title to which was recorded in his name. He had been listed on the tax rolls and election records either as Karol Rybinski or Carl Robinson. Rybinski stated in an affidavit filed

Page 388

in the cause that a mutual friend of the parties has always known where defendant lived.

Zenonia testified before the friend of the court that she first saw her father about 24 years after the divorce, and that he acknowledged he owed for [333 Mich. 595] her support. She further stated that he offered to buy her a home and set her up in business, and even went so far as to examine certain properties with her. Plaintiff and her sister testified with respect to such promises to Zenonia. All of this was denied by Rybinski. The record shows that the father paid a hospital bill of $300 for Zenonia; and although she testified that she had only received $78.50 worth of money and clothing from him, he insisted that he had also given her about $400 worth of clothing and spending money.

Defendant in an industrious man who earns good wages, notwithstanding some periods of unemployment. He has been able to give his second daughter an automobile that cost $2,500; and has accumulated, with the assistance of his present wife, some government bonds and real property.

The referee informed the court that it seemed logical to assume that the original $10 per week order was intended to be $5 for the wife and $5 for the child. In the light of plaintiff's immediate remarriage, he suggested that the order be modified to provide only $5 per week for the support of the daughter. He further...