Herbert v. Herbert

Aaron Lipper for petitioner. Barnett J. Nova for respondent. such positions even better than college graduates, but the fact remains that the occupations girls of this character and type would probably enter, such as social work, teaching or other professions are open only to persons with college degrees. The necessity for earning a living becomes of great importance even to the wealthiest in this ever-changing world. In view of the exceptional circumstances existing in this case this court, therefore, finds a college education a necessity. The mother has estimated it will cost nigh $10,000 annually to maintain and educate these girls in her custody as befits their station in life. That figure appears high; $7,500 would not seem too much. The means of the respondent must, however, be considered. The court, in view of the facts, directs respondent to pay to the petitioner for and on behalf of these two children the sum of $4,850 annually to be paid in equal monthly installments, the first payment to be made on September 1, 1950. This amount may be directed under the 1949 amendment (L. 1949, ch. 266) to section 92 of the Domestic Relations Court Act of the City of New York which removed the previous limitation from $50: "(3) * * * Such limitation shall not, however, apply to a petitioning wife who is pregnant or the mother of a child or children in her custody." In passing may it be said, if the court's jurisdiction was limited to only the younger child the additional drain on the mother's resources in maintaining the older child would be considered an element in increasing the amount of the father's support of the younger child. The parties have stated in open court and by correspondence that they would abide by the decision of this court for the amount it may authorize and the order, therefore, is entered as upon consent of both sides.