Hinman v. Hinman

BARNARD, P. J. from orders made in connection with a request for an increased allowance for the support of a minor.

In August, 1944, the plaintiff was granted an interlocutory decree of divorce which, among other things, awarded her the custody of two minor children, a boy and a girl, subject to visitation rights in the defendant; ordered the defendant to pay $25 per month for the support of each child in accordance with the terms of a property settlement agreement approved by the court and attached to the decree; and ordered him to keep in effect two insurance policies on his life, totalling $9,171, for the benefit of the children. A final decree was entered in August, 1945. Each of the parties married again and, by agreement of the parties, custody of the boy was later relinquished to the defendant.

On January 4, 1955, the plaintiff filed notice of motion for an increase in the allowance for the support of the daughter, for an order granting her visitation rights with respect to the boy, and for attorneys’ fees and costs. In support of the motion she filed an affidavit alleging that conditions had changed since the entry of the original order; that the daughter was now 14 years of age and the expense of maintaining and educating her had increased in that she was taking music lessons, desired to take dancing lessons, and was engaged in various school and social activities; that the defendant’s income had increased and affiant was informed that he was now earning in excess of $5,000 a year; that affiant’s present husband was drawing a veteran’s disability pension of $237.50 [741]per month, but was presently ill and unable to work; that affiant was then earning $190 per month; that the welfare of the daughter required that these support payments be increased; and that the defendant had the ability to pay the same. On January 7, she filed a supplemental affidavit itemizing the expenses and needs of the daughter, which totaled $203 per month. In arriving at this figure the daughter was charged with her pro rata share of maintaining affiant’s household, including interest, taxes, insurance, public utilities, food, maintaining a family car, and purchasing household furniture and supplies; to which was added the cost of entertainment, trips, gifts to friends, and the premium on an insurance policy on the daughter’s life. At the hearing of this motion on January 14, the plaintiff and the defendant were sworn and testified, and an order was entered denying the motion except that the defendant was ordered to pay $75 attorneys’ fees, payable at $10 per month.