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Barravecchio v. Barravecchio

Appellate Division of the Supreme Court of New York, Second Department
Mar 28, 1988
138 A.D.2d 659 (N.Y. App. Div. 1988)

Opinion

March 28, 1988

Appeal from the Supreme Court, Suffolk County (Willen, J.).


Ordered that the order is reversed insofar as appealed from, without costs or disbursements, and the aforementioned branch of the defendant's motion is denied, without prejudice to renewal upon proper papers.

Our review of the record discloses that the defendant wife has failed to demonstrate the requisite change of circumstances warranting an upward modification of the plaintiff husband's child support obligations as set forth in the parties' 1984 separation agreement (see, Matter of Brescia v. Fitts, 56 N.Y.2d 132; Harvey v. Harvey, 127 A.D.2d 819; Katz v. Katz, 125 A.D.2d 549, 550).

In the course of a four-page affidavit, the wife merely recounted, in one brief paragraph, that it should be "obvious" to the court that the child support provisions of the separation agreement were inadequate. The wife, however, made no attempt to apprise the court of the specific "changed circumstances" on which her contentions of inadequacy were premised. Accordingly, while the wife's affidavit, at best, appears to set forth a general dissatisfaction with the child support provisions of the agreement, there are absent the requisite allegations of new or changed circumstances which must accompany a request for an upward modification of support in this case (cf., Matter of Brescia v. Fitts, supra; Katz v. Katz, supra). Mangano, J.P., Kunzeman, Rubin, Kooper and Harwood, JJ., concur.


Summaries of

Barravecchio v. Barravecchio

Appellate Division of the Supreme Court of New York, Second Department
Mar 28, 1988
138 A.D.2d 659 (N.Y. App. Div. 1988)
Case details for

Barravecchio v. Barravecchio

Case Details

Full title:ROBERT S. BARRAVECCHIO, Appellant, v. DENISE K. BARRAVECCHIO, Respondent

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 28, 1988

Citations

138 A.D.2d 659 (N.Y. App. Div. 1988)

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