Staple v. Staple

Appellate Division of the Supreme Court of New York

Staple v. Staple

45 A.D.2d 1013, 358 N.Y.S.2d 188, 1974 N.Y. App. Div. LEXIS 4261

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

DecidedJuly 29, 1974

StatusPublished

This text of 45 A.D.2d 1013 (Staple v. Staple) 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

Staple v. Staple, 45 A.D.2d 1013, 358 N.Y.S.2d 188, 1974 N.Y. App. Div. LEXIS 4261 (N.Y. Ct. App. 1974).

Pincite

Opinion

In a support proceeding, respondent husband appeals from an order of the Family Court, Nassau County, entered March 19, 1974, which established arrears pursuant to a previously issued temporary support order in the amount of $2,075, directed that judgment be entered in that amount, and directed that the respondent pay the increased sum of $75 a week towards the support of his four children thereafter. Order modified, on the law and in the court’s discretion, so as to decrease the support payment from $75 a week to $50 a week. As so modified, order affirmed without costs. When these parties were last before the Family Court, it found that the respondent was earning $100 a week. On that finding, a temporary support order was entered in the amount of $15 a week for the respondent’s four children. The record on appeal establishes only that respondent’s salary has increased to $150 a week. It is our [1014]*1014opinion that such ah increase in income does not warrant the increase in support granted by the Family Court. Latham, Cohalan and Christ, JJ.,

concur; Martuscello, Acting P. J., and Shapiro, J., dissent and vote to affirm.

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

In a support proceeding, respondent husband appeals from an order of the Family Court, Nassau County, entered March 19, 1974, which established arrears pursuant to a previously issued temporary support order in the amount of $2,075, directed that judgment be entered in that amount, and directed that the respondent pay the increased sum of $75 a week towards the support of his four children thereafter. Order modified, on the law and in the court’s discretion, so as to decrease the support payment from $75 a week to $50 a week. As so modified, order affirmed without costs. When these parties were last before the Family Court, it found that the respondent was earning $100 a week. On that finding, a temporary support order was entered in the amount of $15 a week for the respondent’s four children. The record on appeal establishes only that respondent’s salary has increased to $150 a week. It is our [1014]*1014opinion that such ah increase in income does not warrant the increase in support granted by the Family Court. Latham, Cohalan and Christ, JJ.,

concur; Martuscello, Acting P. J., and Shapiro, J., dissent and vote to affirm.

Cite This Page — Counsel Stack

Bluebook (online)

45 A.D.2d 1013, 358 N.Y.S.2d 188, 1974 N.Y. App. Div. LEXIS 4261, Counsel Stack Legal Research, https://law.counselstack.com/opinion/staple-v-staple-nyappdiv-1974.