Opinion
April 26, 1960
Order unanimously modified on the law, on the facts and in the exercise of discretion, so as to increase the monthly payments directed to be made from $40 to $100 per month, and, as so modified, affirmed, with $20 costs and disbursements of this appeal to the judgment-creditor-appellant. On this record we find the directed payments of $40 per month to be insufficient. We further find that the judgment debtor should properly pay the sum of $100 per month to the judgment creditor, having "due regard for the reasonable requirements of the judgment debtor and his family" and for the payments being made by him to other judgment creditors (Civ. Prac. Act, § 793).
Concur — Breitel, J.P., Rabin, M.M. Frank, Stevens and Bastow, JJ.