Waddey v. Waddey

On May 24, 1928, the appellant was awarded a decree of absolute divorce from defendant by the Supreme Court of Kings County and provision was therein made for alimony of $35 per week up to and including February 21,1929, and $25 per week thereafter.

By chapter 161 of the Laws of 1938, effective March 26,1938, the Legislature amended section 1159 of the Civil Practice Act (now numbered 1172-c), which related to “ Modification of judgment or order in action for divorce brought by wife,” by adding the following provision: “ The court in its discretion upon application of the husband on notice,…