Caroccio v. Caroccio

Appellate Division of the Supreme Court of New York

Caroccio v. Caroccio

245 A.D.2d 505, 666 N.Y.S.2d 33, 1997 N.Y. App. Div. LEXIS 13226

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

DecidedDecember 22, 1997

StatusPublished

This text of 245 A.D.2d 505 (Caroccio v. Caroccio) 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

Caroccio v. Caroccio, 245 A.D.2d 505, 666 N.Y.S.2d 33, 1997 N.Y. App. Div. LEXIS 13226 (N.Y. Ct. App. 1997).

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Opinion

—In a proceeding pursuant to Family Court Act article 4 for an upward modification of child support, the mother appeals from an order of the Family Court, Orange County (Ludmerer, J.), entered December 8, 1995, which denied her objections to an order of the same court, dated August 23, 1995 (Herold, H.E.), which, after a hearing, denied the application.

Ordered that the order is affirmed, without costs or disbursements.

The evidence adduced at the hearing did not establish that the respondent earned a steady income. Further the respondent established that he made good faith efforts to secure a steady income, but to no avail. Accordingly, an increase in his basic child support obligation would have been inappropriate (cf., Matter of Davis v Davis, 197 AD2d 622, 623). Bracken, J. P., Thompson, Goldstein and Lerner, JJ., concur.

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—In a proceeding pursuant to Family Court Act article 4 for an upward modification of child support, the mother appeals from an order of the Family Court, Orange County (Ludmerer, J.), entered December 8, 1995, which denied her objections to an order of the same court, dated August 23, 1995 (Herold, H.E.), which, after a hearing, denied the application.

Ordered that the order is affirmed, without costs or disbursements.

The evidence adduced at the hearing did not establish that the respondent earned a steady income. Further the respondent established that he made good faith efforts to secure a steady income, but to no avail. Accordingly, an increase in his basic child support obligation would have been inappropriate (cf., Matter of Davis v Davis, 197 AD2d 622, 623). Bracken, J. P., Thompson, Goldstein and Lerner, JJ., concur.

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Bluebook (online)

245 A.D.2d 505, 666 N.Y.S.2d 33, 1997 N.Y. App. Div. LEXIS 13226, Counsel Stack Legal Research, https://law.counselstack.com/opinion/caroccio-v-caroccio-nyappdiv-1997.

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