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Matter of Vacca v. Vacca

Appellate Division of the Supreme Court of New York, Second Department
Apr 27, 1981
81 A.D.2d 673 (N.Y. App. Div. 1981)

Opinion

April 27, 1981


In a proceeding pursuant to article 4 of the Family Court Act, the father appeals from an order of the Family Court, Nassau County, dated December 1, 1980, which, after a hearing, granted the petitioner's application for an upward modification of the child support provisions of a judgment of divorce. Order reversed, on the law, without costs or disbursements, and petition dismissed. Prior to their divorce the parties entered into a stipulation which fixed the appellant's total support obligation at $60 per week. At the hearing, the petitioner failed to establish an unforeseen change of circumstances. We disagree with the Family Court's conclusion that the expenses incurred as a result of their daughter's recent emotional problems constitute grounds sufficient to modify the decree. No documentation of increased need as a result of this circumstance was adduced by the petitioner. Furthermore, appellant's uncontradicted testimony was that all medical bills submitted to him have been paid. Accordingly, the Family Court erred in granting the application to increase the child support provisions of the decree (see Matter of Boden v Boden, 42 N.Y.2d 210; Jaslow v Jaslow, 75 A.D.2d 876). Hopkins, J.P., Mangano, Rabin and Weinstein, JJ., concur.


Summaries of

Matter of Vacca v. Vacca

Appellate Division of the Supreme Court of New York, Second Department
Apr 27, 1981
81 A.D.2d 673 (N.Y. App. Div. 1981)
Case details for

Matter of Vacca v. Vacca

Case Details

Full title:In the Matter of MARY VACCA, Respondent, v. CHARLES VACCA, Appellant

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

Date published: Apr 27, 1981

Citations

81 A.D.2d 673 (N.Y. App. Div. 1981)

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