Klein v. Klein

Appellate Division of the Supreme Court of New York

Klein v. Klein

42 A.D.2d 855, 346 N.Y.S.2d 974, 1973 N.Y. App. Div. LEXIS 3634

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

DecidedAugust 13, 1973

StatusPublished

This text of 42 A.D.2d 855 (Klein v. Klein) 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

Klein v. Klein, 42 A.D.2d 855, 346 N.Y.S.2d 974, 1973 N.Y. App. Div. LEXIS 3634 (N.Y. Ct. App. 1973).

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Opinion

Appeal from an order of the Family Court, Kings County, dated December 11, 1972, which directed the appellant to pay $95 per week for the support of the petitioner and their younger daughter.- Order modified, on the law and the facts, so as to reduce the amount of support payable by appellant to $80 per week. As so modified, order affirmed, without costs. The upward modification of support was directed on the basis of an increase in the appellant’s earnings (see Matter of Handel v. Handel, 32 A D 2d 946, affd. 26 N Y 2d 853; Matter of DelU Veneri v. Belli Veneri, 40 A D 2d 735). In our opinion that factor was offset by the fact that the elder daughter of the parties is emancipated and is no longer covered by the order of support in question, as she had been under the prior order. Hopkins, Acting P. J., Munder, Latham, Christ and Benjamin, JJ., concur.

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Appeal from an order of the Family Court, Kings County, dated December 11, 1972, which directed the appellant to pay $95 per week for the support of the petitioner and their younger daughter.- Order modified, on the law and the facts, so as to reduce the amount of support payable by appellant to $80 per week. As so modified, order affirmed, without costs. The upward modification of support was directed on the basis of an increase in the appellant’s earnings (see Matter of Handel v. Handel, 32 A D 2d 946, affd. 26 N Y 2d 853; Matter of DelU Veneri v. Belli Veneri, 40 A D 2d 735). In our opinion that factor was offset by the fact that the elder daughter of the parties is emancipated and is no longer covered by the order of support in question, as she had been under the prior order. Hopkins, Acting P. J., Munder, Latham, Christ and Benjamin, JJ., concur.

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Bluebook (online)

42 A.D.2d 855, 346 N.Y.S.2d 974, 1973 N.Y. App. Div. LEXIS 3634, Counsel Stack Legal Research, https://law.counselstack.com/opinion/klein-v-klein-nyappdiv-1973.