(Download) "Densten v. Densten" by Supreme Judicial Court of Massachusetts " Book PDF Kindle ePub Free
eBook details
- Title: Densten v. Densten
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 01, 1932
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
RUGG, C. J. The petition sets out that the petitioner is the wife of the respondent; that it has been described by the probate court of the county of Essex that she is living apart from him for justifiable cause; that he was ordered to pay her for the support of herself and their two minor children $7,500 per year; that she filed a petition to increase that allowance and a petition that he be adJudged in contempt for failure to comply with the orders of the court, and that he filed a petition that the allowance be decreased; that hearing have been held on all these petitions; that the petitions for increase and for decrease have been by decree dismissed and that on the petition for contempt he has been ordered to pay her $4,375 as arrears due under orders of the court. [It appears from the record that all sums due under this order have been paid.] It is further alleged that, in the preparation for hearings upon those petitions and in the hearings she has expended various sums of money and incurred attorneys' fees and expenses. The prayer is that he be ordered to pay her forthwith 'as an additional allowance a sum sufficient to cover the reasonable counsel fees and expenses' thus incurred by her. The decree on this petition, after reciting its prayer and notice to interested parties and a hearing, orders that, 'in addition to the allowance heretofore made for the support of the petitioner and the minor children of the parties, the said John J. Densten pay to the petitioner the sum of twelve hundred dollars.' The respondent's appeal brings the case here. The petitions described in the present petition were brought in the probate court by virtue of jurisdiction conferred by G. L. c. 209, §§ 30 to 34. It is provided by section 32 that, if 'a husband fails, without just cause, to provide suitable support for his wife * * * or if the wife, for justifiable cause, is actually living apart from her husband, the probate court may, upon her petition * * * make * * * orders relative to the support of the wife and the * * * maintenance of the minor children of the parties * * * and may, from time to time * * * revise and alter such order or make a new order or decree. * * *' The utmost scope of this section is to provide for the support of the wife and the maintenance of the children. It makes no provision for attorneys' fees or expenses incurred in prosecuting the petition. Provision touching that subject is found in the following section.
 "Densten v. Densten" by Supreme Judicial Court of Massachusetts " Book PDF Kindle ePub Free){kind=link}