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Weill v. Weill

Appellate Division of the Supreme Court of New York, Second Department
Apr 25, 2005
17 A.D.3d 666 (N.Y. App. Div. 2005)

Opinion

2003-11421.

April 25, 2005.

In a matrimonial action in which the parties were divorced by a judgment entered October 3, 2001, the defendant appeals, as limited by his brief, from so much of an order of the Supreme Court, Nassau County (Friedenberg, J.H.O.), entered September 8, 2003, as, after a hearing, denied his motion for upward modification of child support.

Parola, Gross Marino, P.C., Wantagh, N.Y. (Barry J. Gross of counsel), for appellant.

Imelda Weill, North Bellmore, N.Y., respondent pro se.

Before: Adams, J.P., Ritter, Mastro and Rivera, JJ., concur.


Ordered that the order is affirmed insofar as appealed from, with costs.

Where a party seeks to modify the child support provision contained in a prior order or judgment, he or she must demonstrate a substantial change in circumstances ( see Domestic Relations Law 236 [B] [9] [b]; Love v. Love, 303 AD2d 756; Weiss v. Weiss, 294 AD2d 566). Among the factors to be considered in determining whether there has been a substantial change in circumstances are "the increased needs of the children due to special circumstances or to the additional activities of growing children . . ., the increased cost of living insofar as it results in greater expenses for the children . . ., a loss of income or assets by a parent or a substantial improvement in the financial condition of a parent . . ., and the current and prior life-styles of the children" ( Matter of Brescia v. Fitts, 56 NY2d 132, 141).

The defendant failed to show a substantial change in circumstances. He offered only generalized testimony that the child's needs increased because she was older ( see Cadwell v. Cadwell, 294 AD2d 434; DeCarlo v. DeCarlo, 250 AD2d 848; cf. Jones v. Jones, 239 AD2d 419). Although the plaintiff's income increased, that factor alone was not determinative in deciding whether to grant an upward modification ( see Love v. Love, supra; Matter of Rosenthal v. Buck, 281 AD2d 909).


Summaries of

Weill v. Weill

Appellate Division of the Supreme Court of New York, Second Department
Apr 25, 2005
17 A.D.3d 666 (N.Y. App. Div. 2005)
Case details for

Weill v. Weill

Case Details

Full title:IMELDA WEILL, Respondent, v. WALTER WEILL, Appellant

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

Date published: Apr 25, 2005

Citations

17 A.D.3d 666 (N.Y. App. Div. 2005)
794 N.Y.S.2d 106

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