Carter v. Carter

■ Order entered on November 1, 1961 awarding petitioner support on a means basis, reversed, on the law and the facts, and a new trial ordered, without costs to either party. In this support proceeding the defendant challenges the jurisdiction of the Family Court on the basis of a Virginia decree of divorce which he obtained in 1953. It is fundamental that the obligation to support on a means basis must be based on a valid marriage between the parties (Family Ct. Act, § 412, formerly N. Y. City, Dom. Rel. Ct. Act, § 101, subd. 1). Jurisdiction of the court in such a proceeding is always…