Wagner v. Ryan

Appellate Division of the Supreme Court of New York

Wagner v. Ryan

248 A.D.2d 948, 670 N.Y.S.2d 133, 1998 N.Y. App. Div. LEXIS 2975

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

DecidedMarch 13, 1998

StatusPublished

This text of 248 A.D.2d 948 (Wagner v. Ryan) 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

Wagner v. Ryan, 248 A.D.2d 948, 670 N.Y.S.2d 133, 1998 N.Y. App. Div. LEXIS 2975 (N.Y. Ct. App. 1998).

Pincite

Opinion

—Order unanimously affirmed without costs. Memorandum: We reject respondent’s contention that Family Court lacked authority to adjust the child support provisions of the divorce decree pursuant to Family Court Act § 413 (3). The adjustment procedure set forth in that section may be initiated by “[a]ny party to a child support order issued * * * on the behalf of a child in receipt of * * * child support services” (Family Ct Act § 413 [3] [a]). The fact that the original support order was based upon the agreement of the parties does not foreclose adjustment pursuant to section 413 (3).

The record does not support the further contentions of respondent that the Hearing Examiner erred in determining his pro rata share of the children’s health care expenses not covered by insurance and in calculating his basic child support obligation based upon evidence of his 1995 income. (Appeal from Order of Ontario County Family Court, Henry, Jr., J.— [949]*949Support.)

Present — Green, J. P., Lawton, Wisner, Callahan and Fallon, JJ.

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

—Order unanimously affirmed without costs. Memorandum: We reject respondent’s contention that Family Court lacked authority to adjust the child support provisions of the divorce decree pursuant to Family Court Act § 413 (3). The adjustment procedure set forth in that section may be initiated by “[a]ny party to a child support order issued * * * on the behalf of a child in receipt of * * * child support services” (Family Ct Act § 413 [3] [a]). The fact that the original support order was based upon the agreement of the parties does not foreclose adjustment pursuant to section 413 (3).

The record does not support the further contentions of respondent that the Hearing Examiner erred in determining his pro rata share of the children’s health care expenses not covered by insurance and in calculating his basic child support obligation based upon evidence of his 1995 income. (Appeal from Order of Ontario County Family Court, Henry, Jr., J.— [949]*949Support.)

Present — Green, J. P., Lawton, Wisner, Callahan and Fallon, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

248 A.D.2d 948, 670 N.Y.S.2d 133, 1998 N.Y. App. Div. LEXIS 2975, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wagner-v-ryan-nyappdiv-1998.

Opinion

Related

Cite This Page — Counsel Stack