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Matter of Jones v. McCullough

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 29, 2000
270 A.D.2d 949 (N.Y. App. Div. 2000)

Opinion

March 29, 2000.

Appeal from Order of Monroe County Family Court, Bonadio, J. — Support.

PRESENT: PIGOTT, JR., P. J., GREEN, WISNER, SCUDDER AND KEHOE, JJ.


Order unanimously affirmed without costs.

Memorandum:

Family Court properly denied the objections of petitioner to the Hearing Examiner's order denying his petition for a downward modification of child support and granting respondent's cross petition for an upward modification of child support. The Hearing Examiner properly determined that respondent established a change of circumstances warranting the increase in the best interests of the children ( see, Matter of Michaels v. Michaels , 56 N.Y.2d 924, 926). The record establishes that the combination of respondent's income and the payments received from petitioner is inadequate to meet the children's needs ( see, Matter of Brescia v. Fitts , 56 N.Y.2d 132, 140; Matter of Gianniny v. Gianniny , 256 A.D.2d 1079). The remaining contentions of petitioner were not raised in his objections to the Hearing Examiner's order and are thus beyond the scope of appellate review ( see, Matter of Ouimet v. Ouimet , 193 A.D.2d 1099 ).


Summaries of

Matter of Jones v. McCullough

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 29, 2000
270 A.D.2d 949 (N.Y. App. Div. 2000)
Case details for

Matter of Jones v. McCullough

Case Details

Full title:MATTER OF ERNEST JONES, PETITIONER-APPELLANT, v. EVONE McCULLOUGH…

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

Date published: Mar 29, 2000

Citations

270 A.D.2d 949 (N.Y. App. Div. 2000)
704 N.Y.S.2d 771