Infanto v. Infanto

The issue in the case at bar — one of first impression — involves the right of the Family Court to provide support for an ex-wife in the absence of a support provision for her in a final judgment of divorce.

The facts are not in dispute. The parties were married in 1939. In 1956 they entered into a separation agreement which was subsequently incorporated by reference into a Mexican divorce decree dated January 10,1957. Neither party challenges the validity of the Mexican decree. While the agreement provided for child support it was silent with respect to support for the former wife. The issue…