Sessa v. Sessa

Appellate Division of the Supreme Court of New York

Sessa v. Sessa

84 A.D.2d 786, 443 N.Y.S.2d 883, 1981 N.Y. App. Div. LEXIS 15974

Appellate Division of the Supreme Court of the State of New York·Decided November 16, 1981·Published·Cited by 3 cases

Opinion

In an action for divorce, plaintiff appeals from so much of an order of the Supreme Court, Rockland County (Marbach, J.), entered May 14, 1980, as awarded defendant $45 per week for pendente lite child support. Order affirmed insofar as appealed from, with $50 costs and disbursements. Since the parties’ separation agreement contained no provision for child support, defendant was not obligated to establish an unanticipated change in circumstances, as required by Matter of Boden v Boden (42 NY2d 210), in order to secure a pendente lite award of child support (see Bajak v Bajak, 71 AD2d 823). Cohalan, J.P., Margett, O’Connor and Thompson, JJ., concur.

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

In an action for divorce, plaintiff appeals from so much of an order of the Supreme Court, Rockland County (Marbach, J.), entered May 14, 1980, as awarded defendant $45 per week for pendente lite child support. Order affirmed insofar as appealed from, with $50 costs and disbursements. Since the parties’ separation agreement contained no provision for child support, defendant was not obligated to establish an unanticipated change in circumstances, as required by Matter of Boden v Boden (42 NY2d 210), in order to secure a pendente lite award of child support (see Bajak v Bajak, 71 AD2d 823). Cohalan, J.P., Margett, O’Connor and Thompson, JJ., concur.

Sessa v. Sessa, 84 A.D.2d 786, 443 N.Y.S.2d 883, 1981 N.Y. App. Div. LEXIS 15974 (N.Y. Ct. App. 1981).

Pincite

84 A.D.2d 786 (Sessa v. Sessa) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related