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Manning v. Manning

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 15, 1985
115 A.D.2d 318 (N.Y. App. Div. 1985)

Opinion

November 15, 1985

Appeal from the Erie County Family Court, Sedita, Jr., J.

Present — Hancock, Jr., J.P., Callahan, Doerr, Pine and Schnepp, JJ.


Order unanimously reversed, on the law, without costs, and matter remitted to Erie County Family Court for further proceedings, in accordance with the following memorandum: Petitioner appeals from an order of Family Court which denied his request for a downward modification of child support and maintenance payments. Petitioner alleged as the ground for his request a substantial and unanticipated change in financial condition. The hearing examiner made no finding of fact or recommendation as to the requested maintenance modification but did find that the amount of support should be reduced. The court, without making any findings of fact, rejected the hearing officer's recommendation that child support payments be reduced and apparently did not address the maintenance question. We remit the matter to Family Court, therefore, for an evidentiary hearing concerning both support and maintenance. Appropriate findings of fact and conclusions of law should be made on each issue (Family Ct Act § 435 [a]; § 439 [c]; CPLR 4213 [b]; Matter of Hamilton v. Irlbacher, 96 A.D.2d 726). Family Court may, of course, refer any issues of fact to a hearing examiner, pursuant to Family Court Act § 439 (b).


Summaries of

Manning v. Manning

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 15, 1985
115 A.D.2d 318 (N.Y. App. Div. 1985)
Case details for

Manning v. Manning

Case Details

Full title:JAMES E. MANNING, Appellant, v. GAIL L. MANNING, Respondent

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

Date published: Nov 15, 1985

Citations

115 A.D.2d 318 (N.Y. App. Div. 1985)

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