Fisher v. Dukelow

Appellate Division of the Supreme Court of New York

Fisher v. Dukelow

56 A.D.2d 739, 392 N.Y.S.2d 742, 1977 N.Y. App. Div. LEXIS 10928

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

DecidedFebruary 25, 1977

StatusPublished

Cited by2 cases

This text of 56 A.D.2d 739 (Fisher v. Dukelow) 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

Fisher v. Dukelow, 56 A.D.2d 739, 392 N.Y.S.2d 742, 1977 N.Y. App. Div. LEXIS 10928 (N.Y. Ct. App. 1977).

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Opinion

Order unanimously affirmed, without costs. Memorandum: The trial court increased support payments from appellant to his former wife, the respondent, in the amount of $7.50, from $32.50 to $40 per week. The record reveals that a judgment has been taken against the respondent for hospital care resulting from her confinement during the birth of appellant’s and respondent’s two children and that the judgment creditor is presently contemplating garnisheeing respondent’s wages. Appellant is currently living temporarily with his mother and paying $20 per week room and board. Such constitutes a change of circumstances sufficient to warrant a modification of the previous support order (Family Ct Act, § 466, subd [c], par [ii]). (Appeal from order of Wyoming County Family Court—support.) Present— Marsh, P. J., Moule, Cardamone, Goldman and Witmer, JJ.

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Order unanimously affirmed, without costs. Memorandum: The trial court increased support payments from appellant to his former wife, the respondent, in the amount of $7.50, from $32.50 to $40 per week. The record reveals that a judgment has been taken against the respondent for hospital care resulting from her confinement during the birth of appellant’s and respondent’s two children and that the judgment creditor is presently contemplating garnisheeing respondent’s wages. Appellant is currently living temporarily with his mother and paying $20 per week room and board. Such constitutes a change of circumstances sufficient to warrant a modification of the previous support order (Family Ct Act, § 466, subd [c], par [ii]). (Appeal from order of Wyoming County Family Court—support.) Present— Marsh, P. J., Moule, Cardamone, Goldman and Witmer, JJ.

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Bluebook (online)

56 A.D.2d 739, 392 N.Y.S.2d 742, 1977 N.Y. App. Div. LEXIS 10928, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fisher-v-dukelow-nyappdiv-1977.

Opinion

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