From Casetext: Smarter Legal Research

Matter of Adams-Eppes v. Fulton

Appellate Division of the Supreme Court of New York, Second Department
Jul 6, 1993
195 A.D.2d 455 (N.Y. App. Div. 1993)

Opinion

July 6, 1993

Appeal from the Family Court, Queens County (Schindler, J.).


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

This appeal arises from the mother's application in 1990 for upward modification of an award of child support of $140 biweekly, set in a prior order dated December 19, 1988. At the hearing, both parties appeared pro se and, upon questioning by the Hearing Examiner, the mother testified with respect to her increased food, clothing, and housing costs in raising the parties' child. The Hearing Examiner also received into evidence documentation regarding the then-current respective incomes of the parties, as well as the father's court-ordered obligation to pay support for the child of a marriage to another woman. Based upon this information, and after unsuccessfully attempting to negotiate an agreement between the parties, the Hearing Examiner granted the mother's application for an upward modification of child support in accordance with the Child Support Standards Act (see, Family Ct Act § 413 [a], [b]).

Contrary to the father's contention on appeal, we find that the mother met her burden by establishing a change in circumstances sufficient to warrant an upward modification in child support (see, Family Ct Act § 461 [b] [ii]). Where, as here, the movant has set forth specific increased expenses, as opposed to merely a general allegation that the passage of time has resulted in enhanced expenditures for the child, the request for upward modification will generally be approved (see, Zucker v. Zucker, 187 A.D.2d 507; Matter of Miller v. Davis, 176 A.D.2d 945). We also find that the Hearing Examiner correctly took into account the fact that the father's income had significantly increased since the date of the last support order in 1988 (see, Zucker v Zucker, supra).

The father makes various allegations regarding the conduct of the hearing. However, the hearing was in substantial compliance with the directives of the Family Court Act (see, Matter of Williams v. Williams, 133 A.D.2d 876). Moreover, since the father chose to represent himself at the hearing, the resultant award will not be set aside due to the inadequacy of that self-representation (see, Linder v. Linder, 122 A.D.2d 27).

We have considered the father's remaining contentions and find them to be without merit. Rosenblatt, J.P., Copertino, Santucci and Joy, JJ., concur.


Summaries of

Matter of Adams-Eppes v. Fulton

Appellate Division of the Supreme Court of New York, Second Department
Jul 6, 1993
195 A.D.2d 455 (N.Y. App. Div. 1993)
Case details for

Matter of Adams-Eppes v. Fulton

Case Details

Full title:In the Matter of OLIVIA ADAMS-EPPES, Respondent, v. DELANO FULTON…

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

Date published: Jul 6, 1993

Citations

195 A.D.2d 455 (N.Y. App. Div. 1993)
600 N.Y.S.2d 140

Citing Cases

Matter of Sorrentino v. Sorrentino

A review of the record convinces us that petitioner failed to meet her burden to demonstrate a change in…

Matter of Owens v. Wollmers

When one parent seeks to increase the support obligations of the other parent based upon increased needs, it…