AMOUNT OF ALIMONY

New Zealand Herald, Volume LXXII, Issue 22086, 16 April 1935, Page 12

AMOUNT OF ALIMONY

APPEAL AGAINST DECISION JUDGE'S ORDER VARIED [BY TELEGRAI*H —PRESS ASSOCIATION'] WELLINGTON, Monday The Court of Appeal to-day delivered judgment in respect of the appeal of Alary Wilson Turner, of Napier, from the judgment of Mr. Justice Ostler, delivered on December 1, reducing the amount payable to her by Claude Napier Turner, of Auckland, sheep farmer, as permanent alimony. Tho Appeal Court held that, inasmuch as the order made in the suit in 1032 had expired prior to the hearing by Mr. Justice, Ostler in December, 1934, it was not open to that .Judge to make an order affecting accumulative .arrears as he J)ad done. Consequently his judgment must be varied by striking out that portion which remitted arrears. The reduction of the amount of alimony to £2 per wegk for two years should stand. Costs amounting to 15 guineas was allowed Mrs. Turner. In March, 1926, Mrs. Turner secured a judicial separation from Turner. She was given the custody of two of their three sons, and she was granted permanent alimony of £4 5s a week, Turner being given the right to apply for a reduction as each child attained the age of 16 years. Tho parties were subsequently divorced, but the provisions of the decree for permanent alimony were renewed. The Judge later remitted all arrears and reduced the payments to £2 a* week for two years, with liberty to either party to apply for a variation. From this order Airs. Turner appealed.