From Casetext: Smarter Legal Research

Matter of Sheffer v. Fershtadt

Appellate Division of the Supreme Court of New York, Second Department
Jul 12, 1993
195 A.D.2d 516 (N.Y. App. Div. 1993)

Opinion

July 12, 1993

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


Ordered that the order is affirmed, with costs.

Based upon a change in circumstances, the petitioner mother sought the upward modification of an award of child support set five years earlier. After hearing the witnesses and evaluating the evidence submitted, the Hearing Examiner determined that a change in circumstances warranting an increase in child support had occurred, and applied the Child Support Standards Act (see, Family Ct Act § 413). The Family Court Judge concurred with the Hearing Examiner.

The petitioner met her burden of establishing the change in circumstances warranting an increase in child support in the best interest of the child (see generally, Matter of Michaels v Michaels, 56 N.Y.2d 924, 926; Matter of Brescia v. Fitts, 56 N.Y.2d 132, 140-141). The petitioner testified to specific increases in the costs related to the child's basic necessities of food, shelter and clothing, as well as to the expenses associated with the child's recreational activities. She provided the specific dollar amount of the increases for many items, rather than relying on generalized claims of increases due to the child's maturity (see, Labita v. Labita, 147 A.D.2d 535, 536; Deacutis v Cuomo, 79 A.D.2d 595). Thompson, J.P., Sullivan, Miller, Ritter and Santucci, JJ., concur.


Summaries of

Matter of Sheffer v. Fershtadt

Appellate Division of the Supreme Court of New York, Second Department
Jul 12, 1993
195 A.D.2d 516 (N.Y. App. Div. 1993)
Case details for

Matter of Sheffer v. Fershtadt

Case Details

Full title:In the Matter of SHIRONA SHEFFER, Respondent, v. DOV FERSHTADT, Appellant

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

Date published: Jul 12, 1993

Citations

195 A.D.2d 516 (N.Y. App. Div. 1993)
601 N.Y.S.2d 823

Citing Cases

Kalenscher v. Skodnek

The plaintiff former wife sought modification of the terms of the parties' divorce judgment, entered pursuant…