41 N.J. Eq. 139 | New York Court of Chancery | 1886
A divorce for desertion was granted in this cause, with permanent alimony and counsel fees. Barrett v. Barrett, 10 Stew. Eq. 29. The alimony was fixed, by order of January 14th, 1884, upon a reference, at $30 a month, and the defendant was required to give security for the payment thereof, which he did. He, by petition of May 6th, 1885, asked for a reduction of the amount on the ground of his inability to pay so much. The master to whom the petition was referred reported that the amount should be reduced to $18 a month. Mrs. Barrett has excepted to the
Mrs. Barrett is about sixty years ol'd, and, irrespective of her age, is incapacitated for work by the result of an accident — a fall —which occurred after this suit was brought, and by which one of her legs was broken in two places. The amount of alimony ($30 a month or $360 a year) which was awarded to her by the before-mentioned order of 1884, is not more than enough for her comfortable support, and, under the circumstances, if it is to be reduced, there should be cogent reasons for doing so. Such reasons do not exist. When the first report on the subject of permanent alimony was made, the defendant, hád $3,200 invested in his business. Of that money he still has $2,500 deposited in the hands of his surety. He does not say whether it bears interest or not,