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Coria v. Coria

Appellate Division of the Supreme Court of New York, Second Department
Feb 19, 1985
108 A.D.2d 837 (N.Y. App. Div. 1985)

Opinion

February 19, 1985

Appeal from the Supreme Court, Kings County (Imperato, R.).


Order affirmed, insofar as appealed from, without costs or disbursements.

The parties herein were married on January 19, 1968. One child, Yvonne Coria, was born of this marriage. On January 4, 1971, a judgment of divorce was granted to the plaintiff. A stipulation entered into between the parties, which was incorporated into the judgment, provided, in pertinent part, that defendant was to pay plaintiff the sum of $20 per week as child support.

The record reveals that at the time of the divorce, plaintiff earned slightly more than defendant and that the couple's daughter Yvonne was two years old. Plaintiff is presently unemployed and remains at home to care both for 14-year-old Yvonne, who attends public school, and a child by a second marriage. Defendant's weekly gross salary has increased by $373 since the divorce. "Inasmuch as the request here for increased child support was predicated on the child's right to receive adequate support, it was not necessary to demonstrate an unanticipated and unreasonable change in circumstances to justify an increase" ( Michaels v Michaels, 56 N.Y.2d 924, 926). Upon review of the record, we find that plaintiff has established a sufficient factual basis for the upward modification in the best interests of the child ( Stevenson v Stevenson, 98 A.D.2d 718, 719).

We have examined defendant's remaining contention and find it to be without merit. Gibbons, J.P., Thompson, Weinstein and Brown, JJ., concur.


Summaries of

Coria v. Coria

Appellate Division of the Supreme Court of New York, Second Department
Feb 19, 1985
108 A.D.2d 837 (N.Y. App. Div. 1985)
Case details for

Coria v. Coria

Case Details

Full title:BRENDA CORIA, Respondent, v. ANTHONY CORIA, Appellant

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

Date published: Feb 19, 1985

Citations

108 A.D.2d 837 (N.Y. App. Div. 1985)