(DOWNLOAD) "Matter Margaret Pavich v. Ante Pavich" by Supreme Court of New York # eBook PDF Kindle ePub Free
eBook details
- Title: Matter Margaret Pavich v. Ante Pavich
- Author : Supreme Court of New York
- Release Date : January 14, 1965
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
No questions of fact have been considered by this court. The record indicates that the trial court labored under the impression that its only function on this application was to determine the extent of the arrears under the prior order of November 19, 1963 and the manner of enforcing compliance with such order; consequently, it took no proof as to the financial status of the respective parties or as to any other relevant matters. Apparently the court believed that the prior order was res judicata and that it had no revisory power. In thus proceeding, the court erred. The statute (Family Ct. Act, çç 451, 458) vests the court with a continuing plenary and supervisory jurisdiction, including specifically the power to modify or vacate any prior support order and to cancel any and all arrears thereunder. The court here failed to exercise that power; it failed to take any proof as to the current income and financial status of the respective parties or as to the current status of the children. Such proof was material and necessary in order to determine the basic issues presented, namely: (1) the issues as to the husband's present financial ability to pay the arrears and the current support at the rate of $60 per week pursuant to the prior order; (2) the issue as to the current status of the children and the current financial status of the wife; and (3) the issue as to whether, in view of the husband's and the wife's current income and financial status and in view of the current status of the children, the amount fixed for support by said prior order, as well as the accrued arrears, should be reduced, and, if so, the extent of such reduction. A new hearing should be held promptly and plenary proof taken upon such issues; appropriate findings should be made on the basis of all the proof adduced; and a determination de novo should be made accordingly pursuant to the authority conferred by statute (Family Ct. Act, çç 451, 458).