Summary
In Schine (28 A.D.2d 976-977, supra) the appellate court, on appeal by defendant, modified an order for temporary alimony by deleting therefrom the monetary provisions for the payment of rent and utilities, and medical costs and children's school expenses, and, in lieu thereof, required that defendant pay to plaintiff a specified sum weekly "for all such purposes".
Summary of this case from Millner v. MillnerOpinion
October 5, 1967
Order entered May 9, 1967, unanimously modified, on the facts and as a matter of discretion, to delete therefrom the monetary provisions for temporary alimony and support and the payment of rent and utilities, medical expenses and children's school expenses, and in lieu thereof to direct that the defendant pay to the plaintiff for all such purposes the sum of $500 per week, and otherwise affirmed, without costs or disbursements. The defendant shall make all payments as heretofore directed in the order appealed from, as modified by the order of this court of May 12, 1967, to September 30, and thereafter shall pay as herein provided. We deem it unwise to order a husband in general terms to pay future expenses which are normally incurred with his consent and which after entry of an order in a matrimonial case may be radically increased by the wife or with her approval, above amounts apparently contemplated by the wife and the court when ordered. In determining the amount of permanent alimony and support, if any, the Trial Justice, of course, shall be guided by the evidence, and not necessarily by the temporary amount fixed herein.
Concur — Stevens, J.P., Rabin, McNally and Witmer, JJ.