117 Misc. 123 | N.Y. Sup. Ct. | 1921
This cause is now before me on the settlement of the judgment. On the trial last June a decision was made by the court, with the practical consent of the defendant and on disputed evidence, awarding a decree of separation in favor of the wife, and ordering a reference to I. Maurice Wormser, as referee, to take proof as to the question of the defendant’s financial resources, and also to report to the court what amount is necessary to be allowed for the support of the plaintiff and the three minor children, the issue of the marriage.
It was impossible for the court on the trial to gain any satisfactory idea .as to the resources and income of the defendant on which to base intelligent action. The parties appeared before the referee, and after several months spent in a very painstaking investigation of the matter the referee has reached a conclusion which seems substantially correct. He was confronted on the plaintiff’s side with extravagant claims as to the defendant’s wealth and as to her and her daughters’ requirements. On the other hand, the defendant apparently attempted to conceal his real financial position. The referee has recommended allowances which, on the evidence referred to in his report, seem to be suitable and just to both parties. He has discharged a very difficult duty with discretion and ability, and I am disposed on his report and the elaborate briefs submitted by both counsel to adopt his findings in substance.
The referee began his hearings on June thirteenth, and continued them at intervals until September 28, 1921. He has submitted an exhaustive report, accompanied by eleven hundred pages of minutes of the hearings before him. Much time was necessarily occupied on the reference in the effort to get at the truth concerning the resources of. the defendant. Two expert
On all the evidence before him the learned referee recommended a yearly allowance of $8,400 for the support of the wife and the three daughters of the marriage. This was arrived at as follows, viz., for rent of an apartment, in case the plaintiff is not permitted to continue to occupy the defendant’s residence with her children, $1,500. For the support of the plaintiff, $2,500; for the support of the eldest daughter, who is sickly, $2,000, and for the support of each of the two younger daughters, $1,200 a year. Both parties have expressed some dissatisfaction with these recommendations and have submitted quite elaborate briefs in support of their respective positions.
As to the plaintiff’s claim that the allowance of the sum recommended by the referee is inadequate, I do not agree. I shall not now adopt her suggestion that the defendant be required to give security for his obedience to the directions which the court shall give in respect of the payments to be ordered. I will not anticipate a failure or refusal on the defendant’s part to comply with the judgment. He is a man of considerable property and of good standing in the business community. IE in the future his business shall improve so that his income will be materially' increased, the judgment may be modified in the manner provided in section 1170 of the Civil Practice Act, ■after leave granted. This is as far as I am, as at present advised, inclined to go.
Judgment accordingly.