Foote v. Foote

Appellate Division of the Supreme Court of New York

Foote v. Foote

144 A.D.2d 432, 534 N.Y.S.2d 880, 1988 N.Y. App. Div. LEXIS 11779

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

DecidedNovember 14, 1988

StatusPublished

This text of 144 A.D.2d 432 (Foote v. Foote) 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

Foote v. Foote, 144 A.D.2d 432, 534 N.Y.S.2d 880, 1988 N.Y. App. Div. LEXIS 11779 (N.Y. Ct. App. 1988).

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Opinion

In a matrimonial action in which the parties were divorced by a judgment dated November 2, 1979, the plaintiff wife appeals from an order of the Supreme Court, Suffolk County (Fierro, J.), dated December 2, 1987, which denied her motion for an upward modification of child support.

Ordered that the order is affirmed, with costs.

We find, as did the Supreme Court, that the plaintiff alleged insufficient facts regarding a change of circumstances to justify a hearing, much less an upward modification in child support (see, Nordhauser v Nordhauser, 130 AD2d 561; Hickland v Hickland, 56 AD2d 978).

We have considered the plaintiff’s remaining contention and find it to be without merit. Mangano, J. P., Bracken, Fiber, Spatt and Sullivan, JJ., concur.

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In a matrimonial action in which the parties were divorced by a judgment dated November 2, 1979, the plaintiff wife appeals from an order of the Supreme Court, Suffolk County (Fierro, J.), dated December 2, 1987, which denied her motion for an upward modification of child support.

Ordered that the order is affirmed, with costs.

We find, as did the Supreme Court, that the plaintiff alleged insufficient facts regarding a change of circumstances to justify a hearing, much less an upward modification in child support (see, Nordhauser v Nordhauser, 130 AD2d 561; Hickland v Hickland, 56 AD2d 978).

We have considered the plaintiff’s remaining contention and find it to be without merit. Mangano, J. P., Bracken, Fiber, Spatt and Sullivan, JJ., concur.

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Bluebook (online)

144 A.D.2d 432, 534 N.Y.S.2d 880, 1988 N.Y. App. Div. LEXIS 11779, Counsel Stack Legal Research, https://law.counselstack.com/opinion/foote-v-foote-nyappdiv-1988.

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