Valenstein v. Valenstein

Appellate Division of the Supreme Court of New York

Valenstein v. Valenstein

178 A.D.2d 112, 576 N.Y.S.2d 519, 1991 N.Y. App. Div. LEXIS 15327

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

DecidedDecember 3, 1991

StatusPublished

This text of 178 A.D.2d 112 (Valenstein v. Valenstein) 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

Valenstein v. Valenstein, 178 A.D.2d 112, 576 N.Y.S.2d 519, 1991 N.Y. App. Div. LEXIS 15327 (N.Y. Ct. App. 1991).

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Opinion

Order, Supreme Court, New York County (Burton S. Sherman, J.), entered March 26, 1991, which, inter alia, confirmed the report of the Special Referee and denied plaintiff’s motion for upward modification of child support, is unanimously affirmed, without costs.

There are no changed circumstances warranting an increase in child support. As the two teenage children reside in boarding school (which is paid for by trusts), and are at home with plaintiff only two months out of the year, the claim that an additional $4,000 a month is required for their support is, as the Special Referee found, not substantiated. There was no evidence that the needs of the children are not being met by the current level of support. Concur—Murphy, P. J., Carro, Ellerin, Kassal and Smith, JJ.

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Order, Supreme Court, New York County (Burton S. Sherman, J.), entered March 26, 1991, which, inter alia, confirmed the report of the Special Referee and denied plaintiff’s motion for upward modification of child support, is unanimously affirmed, without costs.

There are no changed circumstances warranting an increase in child support. As the two teenage children reside in boarding school (which is paid for by trusts), and are at home with plaintiff only two months out of the year, the claim that an additional $4,000 a month is required for their support is, as the Special Referee found, not substantiated. There was no evidence that the needs of the children are not being met by the current level of support. Concur—Murphy, P. J., Carro, Ellerin, Kassal and Smith, JJ.

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Bluebook (online)

178 A.D.2d 112, 576 N.Y.S.2d 519, 1991 N.Y. App. Div. LEXIS 15327, Counsel Stack Legal Research, https://law.counselstack.com/opinion/valenstein-v-valenstein-nyappdiv-1991.