Balmer v. Balmer

Motion to examine defendant husband as to present income prior to a hearing for an increase of support provisions provided, in final decree. The examinations for this purpose were allowed in Levine v. Levine (N. Y. L. J., Aug. 26,1957, p. 6, col. 6); Wade v. Wade (119 N. Y. S. 2d 599); Citron v. Citron (5 Misc 2d 1004) and Scheffer v. Scheffer (183 Misc. 344). Defendant has called the court’s attention to Greer v. Greer (147 N. Y. S. 2d 724) disallowing the examination. It will be noted that Justice Matthew M. Levy there assumed that there was authority for the examination but felt that the…