Belus v. Belus

Appellate Division of the Supreme Court of New York

Belus v. Belus

72 A.D.2d 782, 421 N.Y.S.2d 602, 1979 N.Y. App. Div. LEXIS 14028

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 19, 1979

StatusPublished

This text of 72 A.D.2d 782 (Belus v. Belus) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Belus v. Belus, 72 A.D.2d 782, 421 N.Y.S.2d 602, 1979 N.Y. App. Div. LEXIS 14028 (N.Y. Ct. App. 1979).

Pincite

Opinion

In a matrimonial action, defendant appeals from an order of the Supreme Court, Suffolk County, dated October 13, 1978, which (1) modified a prior judgment of divorce to the extent of increasing child support payments from $50 per week to $80 per week, and (2) granted $500 in counsel fees. Order reversed, without costs or disbursements, and matter remitted to Special Term for a hearing in accordance herewith. In view of the existence of disputed issues of fact as to the parties’ income and the needs of the children, it was error to grant a modification of the child support provisions of the divorce decree without a hearing. (See, e.g., Matter of Kramer v Kramer, 49 AD2d 907.) An award of counsel fees in this action may be made after the hearing ordered today, based upon the parties’ ability to pay and without regard to gender, as provided in this court’s decision in Childs v Childs (69 AD2d 406). Mollen, P. J., Lazer, Cohalan and Gibbons, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

In a matrimonial action, defendant appeals from an order of the Supreme Court, Suffolk County, dated October 13, 1978, which (1) modified a prior judgment of divorce to the extent of increasing child support payments from $50 per week to $80 per week, and (2) granted $500 in counsel fees. Order reversed, without costs or disbursements, and matter remitted to Special Term for a hearing in accordance herewith. In view of the existence of disputed issues of fact as to the parties’ income and the needs of the children, it was error to grant a modification of the child support provisions of the divorce decree without a hearing. (See, e.g., Matter of Kramer v Kramer, 49 AD2d 907.) An award of counsel fees in this action may be made after the hearing ordered today, based upon the parties’ ability to pay and without regard to gender, as provided in this court’s decision in Childs v Childs (69 AD2d 406). Mollen, P. J., Lazer, Cohalan and Gibbons, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

72 A.D.2d 782, 421 N.Y.S.2d 602, 1979 N.Y. App. Div. LEXIS 14028, Counsel Stack Legal Research, https://law.counselstack.com/opinion/belus-v-belus-nyappdiv-1979.

Opinion

Related

Cite This Page — Counsel Stack