From Casetext: Smarter Legal Research

Sternberg v. Sternberg

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 13, 1992
181 A.D.2d 1073 (N.Y. App. Div. 1992)

Opinion

March 13, 1992

Appeal from the Supreme Court, Monroe County, Willis, J.

Present — Denman, P.J., Green, Balio, Boehm and Fallon, JJ.


Order unanimously reversed on the law with costs and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: Supreme Court erred in denying plaintiff's child support application without an evidentiary hearing (see, Szablak v Keida, 155 A.D.2d 887; Jonasse v Jonasse, 116 A.D.2d 997). Where, as here, such an application is predicated on the child's right to receive adequate support, the moving party need not demonstrate an unanticipated and unreasonable change in circumstances (see, Matter of Brescia v Fitts, 56 N.Y.2d 132, 139-140). Rather, it is sufficient to show that a change in circumstances has occurred warranting an increase in the child's best interest (see, Matter of Michaels v Michaels, 56 N.Y.2d 924, 926; Matter of Sutton v Sutton, 178 A.D.2d 980). When measured against such a standard, plaintiff's application was sufficient.


Summaries of

Sternberg v. Sternberg

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 13, 1992
181 A.D.2d 1073 (N.Y. App. Div. 1992)
Case details for

Sternberg v. Sternberg

Case Details

Full title:ELLEN STERNBERG (BEVAN), Appellant, v. LAWRENCE B. STERNBERG, Respondent

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

Date published: Mar 13, 1992

Citations

181 A.D.2d 1073 (N.Y. App. Div. 1992)
582 N.Y.S.2d 323

Citing Cases

Plumb v. Plumb

Thus, in the absence of a contractual provision allowing modification, the statute prohibits it, at least as…