18 Misc. 2d 798 | N.Y. Sup. Ct. | 1957
This is an action for a separation upon the ground of cruel and inhuman treatment. At the close of the plaintiff’s case, the defendant withdrew his answer to the complaint but reserved the right to contest the amount of alimony to be awarded to the plaintiff for her support and the infant daughter of the marriage and any counsel fee that might be awarded to the plaintiff. Being satisfied that the plaintiff had made out a prima facie case, the court directed judgment of separation in her favor and against the defendant. The credible evidence in the case reveals that the average net earnings of the defendant from his profession during the last five years amount to approximately $6,750 a year. In addition thereto he has bank deposits and savings bonds amounting to about $9,200. However, it appears that his financial burden is somewhat heavy. His son recently became mentally incompetent, thus compelling him to incur substantial debts in an effort to cure the boy, some of which are still unpaid. Then too, the marital home owned by him is heavily mortgaged and the carrying charges are considerable. His resources have been further unduly taxed by reason of the fact that his wife locked him out of this home where she is now living with the daughter, thereby
