[DOWNLOAD] "Vergel Storch v. Arthur Storch" by Supreme Court of New York ~ Book PDF Kindle ePub Free
eBook details
- Title: Vergel Storch v. Arthur Storch
- Author : Supreme Court of New York
- Release Date : January 09, 1972
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
The separation agreement provided for arbitration, and one was held approximately one year prior to the petition in the Family
Court, and the award confirmed in the Supreme Court. A provision in the separation agreement for such arbitration of disputes
with respect to support is valid and enforceable. (Matter of Robinson, 296 N. Y. 778; Matter of Luttinger, 268 App. Div. 1025,
affd. without opinion 294 N. Y. 855; Matter of Lasek, 13 A.D.2d 242.) Similarly, with respect to the amount of support for
the child (Schneider v. Schneider, 17 N.Y.2d 123; Sheets v. Sheets, 22 A.D.2d 176). The Family Court found that the petitioner
former wife is able to earn approximately $75 net per week, and that the husband with a new wife and child is able to earn
$160 net per week. The arbitration had required him to pay $200 a month, reduced from $400 a month in the separation agreement,
and also made provision for a lump sum payment of arrearages. The petitioner claims that the husband has not complied with
the arbitration award, and she has obtained an unsatisfied judgment for the arrears, and further that the 14-year-old child
of the former marriage needs orthodontia and also private school for which tuition is approximately $1,000 per year. The Family
Court took jurisdiction on the basis of failure to comply with the arbitration award and directed payments of $100 per week
plus $15 a week for arrears, found willful default and directed commitment. The separation agreement has a provision as to
the husband providing private school education if public school education "shall not be of a satisfactory standard" and "if
the financial condition of the husband shall permit". Arbitration is specifically provided for this question and has not yet
been had as to that, and there is no reason for the court to interpose its findings when the parties have provided this reasonable
means for determining the issue.
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