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Mangiamele v. Mangiamele

Appellate Division of the Supreme Court of New York, Second Department
May 15, 1950
277 App. Div. 786 (N.Y. App. Div. 1950)

Opinion

May 15, 1950.


Appeal by defendant from an order denying, without prejudice to renewal when the criminal proceeding now pending shall have been disposed of, his motion to modify a judgment of separation by reducing the $35 a week he is directed to pay for the support of his wife and two children to a sum commensurate with his present income. Order reversed on the law and the facts, without costs, and matter remitted to Special Term to take testimony or refer the matter to an official referee to take proof as to the financial ability of defendant, and to make a determination accordingly. Where a judgment in a matrimonial action is rendered on defendant's default, an award of alimony contained therein may be modified, not merely on the basis of changed circumstances after the rendition of the decree, but also on the basis of facts which existed at the time of the decree, but which were not presented or considered at the trial and were, therefore, unknown to the court. (Cf. New York ex rel. Halvey v. Halvey, 330 U.S. 610, 613.) If the facts stated by defendant are true, a modification of the judgment with respect to alimony would appear to be warranted. Nolan, P.J., Johnston, Sneed, Wenzel and MacCrate, JJ., concur.


Summaries of

Mangiamele v. Mangiamele

Appellate Division of the Supreme Court of New York, Second Department
May 15, 1950
277 App. Div. 786 (N.Y. App. Div. 1950)
Case details for

Mangiamele v. Mangiamele

Case Details

Full title:SUSAN A. MANGIAMELE, Respondent, v. ROSARIO J. MANGIAMELE, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 15, 1950

Citations

277 App. Div. 786 (N.Y. App. Div. 1950)

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