Cheryl v. Laurence

Full title: CHERYL R., Respondent, v. LAURENCE R., Appellant

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

Date published: Jan 25, 1996

223 A.D.2d 484 (N.Y. App. Div. 1996)

637 N.Y.S.2d 81

Opinion

January 25, 1996

Appeal from the Family Court, New York County (Mary Bednar, J.).

The wishes of defendant's second wife that her income no longer be used to pay defendant's child support obligation is not a change of circumstances warranting a downward modification of support. The court obligated defendant, not his second wife, to pay child support, and if the latter has had a change of heart as to how she wishes family resources to be allocated, then defendant must find some other means of meeting his obligation ( see, Hickland v Hickland, 39 N.Y.2d 1, 6, cert denied 429 U.S. 941; Ferlo v Ferlo, 152 A.D.2d 980, 980-981).

Concur — Rosenberger, J.P., Nardelli, Williams, Tom and Mazzarelli, JJ.