Dax v. Dax

1 Citing case

  1. In re Hunt

    85 A.D.3d 1275 (N.Y. App. Div. 2011)   Cited 5 times

    Family Court upheld the Support Magistrate's findings, prompting this appeal. We affirm. "It is axiomatic that a party seeking to modify a child support order arising out of an agreement or stipulation must first establish that the stipulation was unfair when entered into or that there has been an unanticipated and unreasonable change in circumstances leading to an accompanying need" ( Matter of Watrous v Watrous, 295 AD2d 664, 666 [citations omitted]; see Dax v Dax, 26 AD3d 708, 709; Etzel v Etzel, 22 AD3d 906, 908; Matter of McCluskey v Howard, 12 AD3d 878, 878). The father does not contend that the amount of child support to which he and the mother agreed was unfair or inequitable in the first instance; rather, he argues that inasmuch as the current custody arrangement vests him with physical custody of the children more than 50% of the time, he is the custodial parent and, as such, should be relieved of his child support obligation.