Stemper v. Stemper

Appellate Division of the Supreme Court of New York

Stemper v. Stemper

55 A.D.2d 949, 390 N.Y.S.2d 1018, 1977 N.Y. App. Div. LEXIS 10240

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

DecidedJanuary 31, 1977

StatusPublished

This text of 55 A.D.2d 949 (Stemper v. Stemper) 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

Stemper v. Stemper, 55 A.D.2d 949, 390 N.Y.S.2d 1018, 1977 N.Y. App. Div. LEXIS 10240 (N.Y. Ct. App. 1977).

Pincite

Opinion

In an action in which the plaintiff wife was granted a judgment of divorce, defendant appeals from an order of the Supreme Court, Suffolk County, dated May 19, 1976, which (1) granted plaintiffs motion to modify the said judgment by increasing the amount of alimony and child support awarded therein and (2) awarded her a counsel fee. Order reversed, without costs or disbursements, and motion granted only to the extent that Special Term is directed to schedule the matter for an immediate hearing as to all of the issues raised. The considerable increases in alimony and child support, and the counsel fee which was awarded, cannot be sustained on the present record, which contains no proof as to the defendant’s present financial situation. Hopkins, Acting P. J., Martuscello, Cohalan and Damiani, JJ., concur.

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In an action in which the plaintiff wife was granted a judgment of divorce, defendant appeals from an order of the Supreme Court, Suffolk County, dated May 19, 1976, which (1) granted plaintiffs motion to modify the said judgment by increasing the amount of alimony and child support awarded therein and (2) awarded her a counsel fee. Order reversed, without costs or disbursements, and motion granted only to the extent that Special Term is directed to schedule the matter for an immediate hearing as to all of the issues raised. The considerable increases in alimony and child support, and the counsel fee which was awarded, cannot be sustained on the present record, which contains no proof as to the defendant’s present financial situation. Hopkins, Acting P. J., Martuscello, Cohalan and Damiani, JJ., concur.

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Bluebook (online)

55 A.D.2d 949, 390 N.Y.S.2d 1018, 1977 N.Y. App. Div. LEXIS 10240, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stemper-v-stemper-nyappdiv-1977.