Albert v. Albert

Order unanimously modified on the law and as modified affirmed with costs to plaintiff and matter remitted to Supreme Court, Erie County, for further proceedings, in accordance with the following memorandum: The parties were married on December 28, 1963 and divorced on February 25, 1970. The divorce decree obligated defendant to pay $50 a week alimony and $16.33 a week for each of the three children, for a total weekly payment of $100. The decree contained an income escalation clause obligating defendant to pay plaintiff one third of his annual gross income over $13,000. Defendant was further…