Opinion · Nylaw New York
MATTER OF KARCHMER v. KANE, 275 App. Div. 715 (1949)
In the Matter of BEATRICE KARCHMER, on Behalf of MICHAEL KANE, Appellant,against SAMUEL KANE, Respondent., 275 A.D. 715 (Appellate Division of the Supreme Court of New York, Second Department. 1949)
- Type
- Opinion
- Court
- Nylaw New York
- Jurisdiction
- Nylaw
- Date
- 1949-03-14
- Topic
- general
MATTER OF KARCHMER v. KANE, 275 App. Div. 715 (1949) In the Matter of BEATRICE KARCHMER, on Behalf of MICHAEL KANE, Appellant,against SAMUEL KANE, Respondent.Appellate Division of the Supreme Court of New York, Second Department. March 14, 1949. Appeal from Domestic Relations Court of the City of New York, Family Court Division.
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UpLaw has not yet analyzed MATTER OF KARCHMER v. KANE, 275 App. Div. 715 (1949). The absence of a flag is not a finding that it is good law.
MATTER OF KARCHMER v. KANE,275 App. Div. 715(1949)
In the Matter of BEATRICE KARCHMER, on Behalf of MICHAEL KANE, Appellant,
against SAMUEL KANE, Respondent.
Appellate Division of the Supreme Court of New York, Second Department.
Appeal from Domestic Relations Court of the City of New York, Family Court Division.
The petition was dismissed on the ground that in the absence of proof that the child was about to become a public charge, the Domestic Relations Court had no power to make an award while the Arkansas court decree was unchanged. Order of the Domestic Relations Court of the City of New York (Family Court Division), County of Kings, reversed on the law and the proceeding remanded to that court for determination. The Domestic Relations Court may, under section 92 and subdivision 1 of section 137 of the New York City Domestic Relations Court Act, compel adequate support of a child where there has been dissolution of the marriage of its parents by a foreign decree. (Barothv.Baroth,270 App. Div. 1025.) The full faith and credit clause of the Constitution of the United States (art. IV, § 1) does not prevent consideration of the needs of the child and the circumstances of both parents and an award in accordance therewith. (Halveyv.Halvey,330 U.S. 610;Estinv.Estin,334 U.S. 541,545.) The laws of Arkansas (Rev. Stat., ch. 51, § 12; Ark. Stat., 1947, Ann., § 34-1213) permit its courts to alter the provisions of their decrees of divorce insofar as they deal with alimony and maintenance. Carswell, Acting P.J., Johnston, Adel, Sneed and MacCrate, JJ., concur.