Keyes v. Keyes

Appellate Division of the Supreme Court of New York

Keyes v. Keyes

54 A.D.2d 557, 387 N.Y.S.2d 11, 1976 N.Y. App. Div. LEXIS 14048

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

DecidedSeptember 20, 1976

StatusPublished

This text of 54 A.D.2d 557 (Keyes v. Keyes) 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

Keyes v. Keyes, 54 A.D.2d 557, 387 N.Y.S.2d 11, 1976 N.Y. App. Div. LEXIS 14048 (N.Y. Ct. App. 1976).

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Opinion

In an action to declare the rights of the parties to a separation agreement and [558]*558supplemental separation agreement, plaintiff appeals from so much of a judgment of the Supreme Court, Westchester County, dated September 11, 1975, as, after a nonjury trial, made a declaration with respect to the meaning of the words "a showing of a substantial change in financial circumstances”. Judgment affirmed insofar as appealed from, without costs or disbursements. Modification of the existing support obligations is clearly conditioned upon a showing of a "substantial change in financial circumstances”. That phrase is commonly used and interpreted in the context of a wife’s preseparation standard of living (see, e.g., Hearst v Hearst, 3 AD2d 706, affd 3 NY2d 967; Paget v Paget, 36 AD2d 813). Furthermore, the phrase, as used in the supplemental separation agreement, is neutral and cannot be construed, as urged by appellant, to mean that she is entitled to an automatic increase in support simply by virtue of her husband’s increased income. Martuscello, Acting P. J., Latham, Margett, Rabin and Hawkins, JJ., concur.

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In an action to declare the rights of the parties to a separation agreement and [558]*558supplemental separation agreement, plaintiff appeals from so much of a judgment of the Supreme Court, Westchester County, dated September 11, 1975, as, after a nonjury trial, made a declaration with respect to the meaning of the words "a showing of a substantial change in financial circumstances”. Judgment affirmed insofar as appealed from, without costs or disbursements. Modification of the existing support obligations is clearly conditioned upon a showing of a "substantial change in financial circumstances”. That phrase is commonly used and interpreted in the context of a wife’s preseparation standard of living (see, e.g., Hearst v Hearst, 3 AD2d 706, affd 3 NY2d 967; Paget v Paget, 36 AD2d 813). Furthermore, the phrase, as used in the supplemental separation agreement, is neutral and cannot be construed, as urged by appellant, to mean that she is entitled to an automatic increase in support simply by virtue of her husband’s increased income. Martuscello, Acting P. J., Latham, Margett, Rabin and Hawkins, JJ., concur.

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Bluebook (online)

54 A.D.2d 557, 387 N.Y.S.2d 11, 1976 N.Y. App. Div. LEXIS 14048, Counsel Stack Legal Research, https://law.counselstack.com/opinion/keyes-v-keyes-nyappdiv-1976.

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