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In the Matter of DiPaola v. DiPaola

Appellate Division of the Supreme Court of New York, Second Department
Apr 4, 2006
28 A.D.3d 480 (N.Y. App. Div. 2006)

Opinion

2005-05211.

April 4, 2006.

In a proceeding pursuant to Family Court Act article 4, the wife appeals from an order of the Family Court, Suffolk County (Simeone, J.), dated April 28, 2005, which denied her objections to an order of the same court (Livrieri, S.M.), dated January 4, 2005, granting, after a hearing, the husband's petition to vacate his child support obligation and for a downward modification of his maintenance obligation.

Marjory DiPaola, Melville, N.Y., appellant pro se.

Before: Schmidt, J.P., Adams, Santucci and Skelos, JJ., concur.


Ordered that the order is affirmed, without costs or disbursements.

The Family Court properly denied the wife's objections to the order dated January 4, 2005. The husband demonstrated that a substantial change in circumstances warranted the vacatur of his child support obligation and the downward modification of his maintenance obligation, specifically, the transfer of residential custody of the children to him and the wife's increased earning potential ( see Domestic Relations Law § 236 [B] [9] [b]; Manno v. Manno, 224 AD2d 395; Harkavy v. Harkavy, 167 AD2d 510).

The wife's remaining contentions are without merit.


Summaries of

In the Matter of DiPaola v. DiPaola

Appellate Division of the Supreme Court of New York, Second Department
Apr 4, 2006
28 A.D.3d 480 (N.Y. App. Div. 2006)
Case details for

In the Matter of DiPaola v. DiPaola

Case Details

Full title:In the Matter of RALPH DiPAOLA, Respondent, v. MARJORY DiPAOLA, Appellant

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

Date published: Apr 4, 2006

Citations

28 A.D.3d 480 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 2540
812 N.Y.S.2d 636

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