(Download) "Nell E. Mcmains v. Thomas F. Mcmains" by Court of Appeals of New York ~ eBook PDF Kindle ePub Free
eBook details
- Title: Nell E. Mcmains v. Thomas F. Mcmains
- Author : Court of Appeals of New York
- Release Date : January 18, 1965
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 80 KB
Description
This is the question: when these parties in 1944 entered into a separation agreement providing $100 per month for the wife (plus an additional amount for the then infant child), which agreement stipulated that it might be incorporated into a divorce decree if one were afterwards made, and stipulated also that the separation agreement should not be considered as merged in the divorce decree or cancelled thereby; and when the wife thereafter obtained a divorce judgment which provided the same amount of alimony as fixed in the agreement, may the court on motion now modify the divorce decree by increasing the alimony to the wife on her showing that, particularly because of her condition of health and heavy medical expenses and because she has no other sources, $100 is inadequate for her basic support, or is such action by the court inhibited because the separation agreement, valid when made, remains binding as to the amount of alimony?