Emig v. Emig

2 Citing cases

  1. Assad v. Assad

    200 A.D.3d 831 (N.Y. App. Div. 2021)   Cited 10 times

    It is undisputed that the defendant's earnings had increased by 15% or more from the sum set forth in the stipulation of settlement. Accordingly, the plaintiff made the threshold showing that a modification of the defendant's child support obligation was warranted, and the court should not have denied that branch of her motion without a hearing (see Matter ofEmig v. Emig, 192 A.D.3d 1024, 1024–1025, 140 N.Y.S.3d 764 ; Matter ofKhost v. Ciampi, 189 A.D.3d at 1410, 134 N.Y.S.3d 735 ; Matter ofRegan v. Regan, 173 A.D.3d 874, 875, 100 N.Y.S.3d 545 ; Matter ofCalta v. Hoagland, 167 A.D.3d 598, 598–599, 89 N.Y.S.3d 247 ). A court has the authority to award an attorney's fee in custody proceedings when warranted under the circumstances of the case (see Domestic Relations Law § 237[b] ; Matter ofDeCillis v. DeCillis, 137 A.D.3d 1122, 1123, 26 N.Y.S.3d 887 ).

  2. Assad v. Assad

    2021 N.Y. Slip Op. 6978 (N.Y. Sup. Ct. 2021)

    It is undisputed that the defendant's earnings had increased by 15% or more from the sum set forth in the stipulation of settlement. Accordingly, the plaintiff made the threshold showing that a modification of the defendant's child support obligation was warranted, and the court should not have denied that branch of her motion without a hearing (see Matter of Emig v Emig, 192 A.D.3d 1024, 1024-1025; Matter of Khost v Ciampi, 189 A.D.3d at 1410; Matter of Regan v Regan, 173 A.D.3d 874, 875; Matter of Calta v Hoagland, 167 A.D.3d 598, 598-599). A court has the authority to award an attorney's fee in custody proceedings when warranted under the circumstances of the case (see Domestic Relations Law § 237[b]; Matter of DeCillis v DeCillis, 137 A.D.3d 1122, 1123).