Benward v. Benward

Appellate Division of the Supreme Court of New York

Benward v. Benward

307 A.D.2d 291, 762 N.Y.S.2d 284

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

DecidedJuly 14, 2003

StatusPublished

This text of 307 A.D.2d 291 (Benward v. Benward) 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

Benward v. Benward, 307 A.D.2d 291, 762 N.Y.S.2d 284 (N.Y. Ct. App. 2003).

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Opinion

In a child support proceeding pursuant to Family Court Act article 4, the father appeals from an order of the Family Court, Suffolk County (Dounias, J.), entered July 11, 2002, which denied his objections to an order of the same court (Goglas, H.E.), entered March 22, 2002, which, after a hearing, denied his petition for a downward modification of child support.

Ordered that the order is affirmed, with costs.

As a party seeking a downward modification of child support, the father had the burden of establishing an unanticipated and unreasonable change of circumstance (see Matter of Boden v Boden, 42 NY2d 210, 213 [1977]; Matter of Heverin v Sackel, 239 AD2d 418 [1997]). The record supports the determination of the Family Court that the father did not meet the requisite burden so as to entitle him to a downward modification of child support. Ritter, J.P., S. Miller, Luciano and H. Miller, JJ., concur.

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In a child support proceeding pursuant to Family Court Act article 4, the father appeals from an order of the Family Court, Suffolk County (Dounias, J.), entered July 11, 2002, which denied his objections to an order of the same court (Goglas, H.E.), entered March 22, 2002, which, after a hearing, denied his petition for a downward modification of child support.

Ordered that the order is affirmed, with costs.

As a party seeking a downward modification of child support, the father had the burden of establishing an unanticipated and unreasonable change of circumstance (see Matter of Boden v Boden, 42 NY2d 210, 213 [1977]; Matter of Heverin v Sackel, 239 AD2d 418 [1997]). The record supports the determination of the Family Court that the father did not meet the requisite burden so as to entitle him to a downward modification of child support. Ritter, J.P., S. Miller, Luciano and H. Miller, JJ., concur.

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Bluebook (online)

307 A.D.2d 291, 762 N.Y.S.2d 284, Counsel Stack Legal Research, https://law.counselstack.com/opinion/benward-v-benward-nyappdiv-2003.

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