280 Mass. 48 | Mass. | 1932
The petition sets out that the petitioner is the wife of the respondent; that it has been decreed by the Probate Court of the county of Essex that she is living apart from him for justifiable cause; that he was ordered to pay her for the support of herself and their two minor children $7,500 per year; that she filed a petition to increase that allowance and a petition that he be adjudged in contempt for failure to comply with the orders of the court, and that he filed a petition that the allowance be decreased; that hearings have been held on all these petitions; that the petitions for increase and for decrease have been by decree dismissed and that on the petition for contempt he has been ordered to pay her $4,375 as arrears due under orders of the court. [It appears from the record that all sums due under this order have been-paid.] It is further alleged that, in the preparation for hearings, upon those petitions and in the hearings she has expended various sums of money and incurred attorneys’ fees and expenses. The prayer is that he be ordered to pay her forthwith “as an additional allowance a sum sufficient to cover the reasonable counsel fees and expenses” thus incurred by her. The decree on this petition, after reciting its prayer and notice to interested parties and a hearing, orders that, “in addition to the allowance heretofore made for the support of the petitioner and the minor children of the parties, the said John J. Densten pay to the petitioner the sum of $1,200.” The respondent’s appeal brings the case here.
The petitions described in the present petition were brought in the Probate Court by virtue of jurisdiction conferred by G. L. c. 209, §§ 30-34.. It is provided by § 32 that, if “a husband fails, without just cause, to provide suitable support for his wife ... or if the wife, for justifiable cause, is actually living apart from her husband, the probate court may, upon her petition . . . make . . .
Ordered accordingly.