Opinion
November 8, 1961
In a proceeding by a former wife against her former husband, pursuant to the Domestic Relations Court Act of the City of New York (§§ 137, 131), to obtain support for their two infant children, and to require the husband to pay a counsel fee to the wife's attorney, the parties cross appeal as follows from an order of the Domestic Relations Court of the City of New York, Family Court Division, Kings County, made January 27, 1961, after a hearing, directing the husband to pay $130 a week for the support of the two children, plus certain other expenses, and directing him to pay a counsel fee of $1,000 to the wife's attorney for legal services rendered to her in this proceeding: The husband appeals, as limited by his briefs, from so much of said order as directs him to pay $130 a week for the support of the two children and $1,000 as a counsel fee to the wife's attorney. The wife appeals from the same portions of the order on the ground that the amounts directed to be paid are inadequate. Order modified on the facts by reducing to $110 the weekly payment for the support of the two children, and by reducing to $750 the counsel fee allowance to the wife's attorney. As so modified, order insofar as appealed from affirmed, without costs. Findings of fact inconsistent herewith are reversed, and new findings are made as indicated herein. We find that an allowance of $110 a week for the children's support and that an allowance of $750 for the wife's counsel fee in this proceeding, are fair and reasonable under all the circumstances. We also find that the sums of $130 per week and $1,000, as fixed by the court below, are excessive under all the circumstances. Beldock, Acting P.J., Ughetta, Christ, Pette and Brennan, JJ., concur.