Lawrence v. Lawrence

Appellate Division of the Supreme Court of New York

Lawrence v. Lawrence

227 A.D.2d 967, 643 N.Y.S.2d 453, 1996 N.Y. App. Div. LEXIS 6899

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

DecidedMay 31, 1996

StatusPublished

Cited by1 cases

This text of 227 A.D.2d 967 (Lawrence v. Lawrence) 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

Lawrence v. Lawrence, 227 A.D.2d 967, 643 N.Y.S.2d 453, 1996 N.Y. App. Div. LEXIS 6899 (N.Y. Ct. App. 1996).

Pincite

Opinion

Order unanimously reversed on the law without costs, objections sustained, order of Hearing Examiner vacated and petition dismissed. Memorandum: Family Court erred in granting the petition seeking an upward modification of respondent’s child support obligation set forth in the parties’ separation agreement, which was incorporated but not merged in the judgment of divorce. From our review of the record, we conclude that petitioner failed to meet her burden of establishing either an unanticipated and unreasonable change in circumstances (see, Matter of Boden v Boden, 42 NY2d 210, 213) or that the children’s needs are not being met (see, Matter of Brescia v Fitts, 56 NY2d 132, 141; Kinsella v Kinsella, 206 AD2d 889, 890; Matter of Tripi v Faiello, 195 AD2d 958, lv dismissed 82 NY2d 803). (Appeal from Order of Ontario County Family Court, Harvey, J.— Child Support.) Present — Pine, J. P., Fallon, Callahan, Doerr and Davis, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Order unanimously reversed on the law without costs, objections sustained, order of Hearing Examiner vacated and petition dismissed. Memorandum: Family Court erred in granting the petition seeking an upward modification of respondent’s child support obligation set forth in the parties’ separation agreement, which was incorporated but not merged in the judgment of divorce. From our review of the record, we conclude that petitioner failed to meet her burden of establishing either an unanticipated and unreasonable change in circumstances (see, Matter of Boden v Boden, 42 NY2d 210, 213) or that the children’s needs are not being met (see, Matter of Brescia v Fitts, 56 NY2d 132, 141; Kinsella v Kinsella, 206 AD2d 889, 890; Matter of Tripi v Faiello, 195 AD2d 958, lv dismissed 82 NY2d 803). (Appeal from Order of Ontario County Family Court, Harvey, J.— Child Support.) Present — Pine, J. P., Fallon, Callahan, Doerr and Davis, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

227 A.D.2d 967, 643 N.Y.S.2d 453, 1996 N.Y. App. Div. LEXIS 6899, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lawrence-v-lawrence-nyappdiv-1996.

Opinion

Related

Cite This Page — Counsel Stack