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Sassian v. Sassian

Appellate Division of the Supreme Court of New York, Fourth Department
Jan 23, 1987
126 A.D.2d 984 (N.Y. App. Div. 1987)

Opinion

January 23, 1987

Appeal from the Erie County Family Court, Honan, J.

Present — Denman, J.P., Boomer, Pine, Balio and Lawton, JJ.


Order unanimously reversed, on the law, without costs, and petitions dismissed. Memorandum: The court erred in increasing the amount of child support agreed to by the parties in a separation agreement in the absence of any proof that the child's needs were not being met (see, Matter of Brescia v. Fitts, 56 N.Y.2d 132, 139-141). The court also erred in modifying the custodial arrangement agreed to by the parties in their separation agreement in the absence of proof that the child's best interests required such modification (see, Eschbach v Eschbach, 56 N.Y.2d 167, 171-172; Matter of Blake v. Blake, 106 A.D.2d 916). The provisions of the separation agreement relating to physical custody and child support are reinstated.


Summaries of

Sassian v. Sassian

Appellate Division of the Supreme Court of New York, Fourth Department
Jan 23, 1987
126 A.D.2d 984 (N.Y. App. Div. 1987)
Case details for

Sassian v. Sassian

Case Details

Full title:DIANE M. SASSIAN, Respondent-Appellant, v. JURI SASSIAN…

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

Date published: Jan 23, 1987

Citations

126 A.D.2d 984 (N.Y. App. Div. 1987)

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