Goldberg v. Goldberg

The somewhat troublesome question of law posed by the issues in this case is whether or not this court may or should consider a respondent’s application to modify downward the amount of support awarded for a wife and children in a foreign decree into which there is incorporated by .reference but not merged therein a separation agreement.

It is now clearly established that insofar as a wife only is concerned, such a decree may be subject to an upward modification on the wife’s application in the limited circumstance where the wife is ‘ ‘ actually unable to support herself on the amount…