Castagnola v. Fatool

The plaintiff, former wife of the defendant but divorced from him and remarried, brought this action to recover for the support of a minor child of the parties custody of whom was awarded to her in the divorce decree but without any provision for his support. From a judgment for the defendant she has appealed.

The trial court concluded in effect that the plaintiff’s right to recover was controlled by General Statutes, § 7340, which requires the divorced parents of a child to maintain him “according to their respective abilities,” and that as there was no evidence of the ability of the…