Lang v. Downey

Appellate Division of the Supreme Court of New York

Lang v. Downey

113 A.D.2d 1013, 494 N.Y.S.2d 683, 1985 N.Y. App. Div. LEXIS 52630

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

DecidedSeptember 27, 1985

StatusPublished

Cited by1 cases

This text of 113 A.D.2d 1013 (Lang v. Downey) 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

Lang v. Downey, 113 A.D.2d 1013, 494 N.Y.S.2d 683, 1985 N.Y. App. Div. LEXIS 52630 (N.Y. Ct. App. 1985).

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Opinion

Order unanimously modified, on the law and in the exercise of discretion, and, as modified, affirmed, without costs, in accordance with the following memorandum: The child support provisions of the parties’ separation agreement were inadequate and an upward modification warranted (see, Matter of Brescia v Fitts, 56 NY2d 132). We find, however, that a further increase should be made. The standard of living enjoyed by the children prior to dissolution of the marriage would be markedly diminished by respondent’s contribution of only $75 monthly per child (see, Domestic Relations Law § 236 [B] [7] [a] [3]). The gross disparity in the parties’ incomes (see, Matter of Sacco v Sacco, 69 AD2d 1004) and the changing needs of the children as they approach their teen-age years (see, Moran v Moran, 81 AD2d 740) are sufficient to establish a change of circumstances. We therefore increase the child support award to $50 per week per child (see, Durso v Durso, 106 AD2d 608). (Appeal from order of Supreme Court, Erie County, Broughton, J.—modification of support.) Present— Hancock, Jr., J. P., Callahan, Denman, O’Donnell and Schnepp, JJ.

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Order unanimously modified, on the law and in the exercise of discretion, and, as modified, affirmed, without costs, in accordance with the following memorandum: The child support provisions of the parties’ separation agreement were inadequate and an upward modification warranted (see, Matter of Brescia v Fitts, 56 NY2d 132). We find, however, that a further increase should be made. The standard of living enjoyed by the children prior to dissolution of the marriage would be markedly diminished by respondent’s contribution of only $75 monthly per child (see, Domestic Relations Law § 236 [B] [7] [a] [3]). The gross disparity in the parties’ incomes (see, Matter of Sacco v Sacco, 69 AD2d 1004) and the changing needs of the children as they approach their teen-age years (see, Moran v Moran, 81 AD2d 740) are sufficient to establish a change of circumstances. We therefore increase the child support award to $50 per week per child (see, Durso v Durso, 106 AD2d 608). (Appeal from order of Supreme Court, Erie County, Broughton, J.—modification of support.) Present— Hancock, Jr., J. P., Callahan, Denman, O’Donnell and Schnepp, JJ.

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Bluebook (online)

113 A.D.2d 1013, 494 N.Y.S.2d 683, 1985 N.Y. App. Div. LEXIS 52630, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lang-v-downey-nyappdiv-1985.

Opinion

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