Heims v. Heims (285 A.D. 1005, 1955)

Order reversed on the law and facts, with $10 costs and disbursements, and plaintiff’s motion granted. Memorandum: We have affirmed herewith an order of the Special Term dated February 9, 1949, adjudging the defendant in contempt for failure to make the payments for the support of defendant’s son, as directed in a decree of divorce. (Heims v. Heims, ante, p. 1005.) This appeal is from an order denying a motion to commit the defendant for failure to pay the balance of the fine for contempt imposed by the aforesaid order dated February 9, 1949. The order appealed from, also reduces the weekly payments of $20, as provided for in the order of February 9, 1949, to $15 per week. The burden was upon the defendant to show any change in his financial circumstances which would warrant relief from the provisions of the order of February 9, 1949. (Matzke v. Matzke, 185 App. Div. 533; Nelson v. Nelson, 249 App. Div. 849.) The record presents no sufficient showing of changed circumstances to warrant the making of the order appealed from. All concur. (Appeal from an order of Erie Special Term, reducing alimony and denying plaintiff’s motion to commit defendant for contempt for nonpayment of balance of accrued alimony for the support of the son of the parties.) Present — McCurn, P. J., Vaughan, Kimball, Wheeler and Van Duser, JJ.