Clements v. Clements

Appellate Division of the Supreme Court of New York

Clements v. Clements

55 A.D.2d 943, 391 N.Y.S.2d 140, 1977 N.Y. App. Div. LEXIS 10225

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

DecidedJanuary 31, 1977

StatusPublished

Cited by1 cases

This text of 55 A.D.2d 943 (Clements v. Clements) 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

Clements v. Clements, 55 A.D.2d 943, 391 N.Y.S.2d 140, 1977 N.Y. App. Div. LEXIS 10225 (N.Y. Ct. App. 1977).

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Opinion

In an action in which the plaintiff wife was granted a judgment of divorce, she appeals from so much of an order of the Supreme Court, Nassau County, dated June 2, 1976, as granted the branch of defendant’s cross motion which [944]*944sought a downward modification of the child support payments required to be made by the said judgment. Order affirmed insofar as appealed from, without costs or disbursements. Under the particular facts and circumstances of this case, defendant was entitled to a downward modification, as he was financially unable to comply with the terms of the judgment of divorce. The depression in the building industry, where he was employed, reduced his income because he was unable to earn extra money in his field. Thus, his net salary was insufficient to meet his financial obligations. Hopkins, Acting P. J., Martuscello, Cohalan and Damiani, JJ., concur.

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In an action in which the plaintiff wife was granted a judgment of divorce, she appeals from so much of an order of the Supreme Court, Nassau County, dated June 2, 1976, as granted the branch of defendant’s cross motion which [944]*944sought a downward modification of the child support payments required to be made by the said judgment. Order affirmed insofar as appealed from, without costs or disbursements. Under the particular facts and circumstances of this case, defendant was entitled to a downward modification, as he was financially unable to comply with the terms of the judgment of divorce. The depression in the building industry, where he was employed, reduced his income because he was unable to earn extra money in his field. Thus, his net salary was insufficient to meet his financial obligations. Hopkins, Acting P. J., Martuscello, Cohalan and Damiani, JJ., concur.

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Bluebook (online)

55 A.D.2d 943, 391 N.Y.S.2d 140, 1977 N.Y. App. Div. LEXIS 10225, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clements-v-clements-nyappdiv-1977.

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