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La Russo v. Spencer

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 30, 2004
13 A.D.3d 1098 (N.Y. App. Div. 2004)

Opinion

CAF 04-01072

December 30, 2004.

Appeal from an order of the Family Court, Erie County (Kevin M. Carter, J.), entered July 14, 2003 in a proceeding pursuant to Family Ct Act article 4. The order denied petitioner's objections to the order of the Hearing Examiner.

Before: Pigott, Jr., P.J., Green, Kehoe, Gorski and Hayes, JJ.


It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Family Court properly denied the objections of petitioner to the Hearing Examiner's order dismissing his petition seeking a downward modification of his child support obligation. Petitioner failed to meet his burden of establishing that an unanticipated or unreasonable change of circumstances has occurred to warrant a downward modification ( see Matter of De Luca v. Randall, 285 AD2d 684, 686). "A party who causes [his] own inability to pay support is not entitled to a downward modification of support payments" ( Matter of Fries v. Price-Yablin, 209 AD2d 1002, 1003).


Summaries of

La Russo v. Spencer

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 30, 2004
13 A.D.3d 1098 (N.Y. App. Div. 2004)
Case details for

La Russo v. Spencer

Case Details

Full title:In the Matter of GINO LA RUSSO, Appellant, v. MADONNA SPENCER, Respondent

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

Date published: Dec 30, 2004

Citations

13 A.D.3d 1098 (N.Y. App. Div. 2004)
787 N.Y.S.2d 791

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