From Casetext: Smarter Legal Research

In the Matter of Benward v. Benward

Appellate Division of the Supreme Court of New York, Second Department
Jul 14, 2003
307 A.D.2d 291 (N.Y. App. Div. 2003)

Opinion

2002-07026

Submitted June 9, 2003.

July 14, 2003.

In a child support proceeding pursuant to Family Court Act article 4, the father appeals from an order of the Family Court, Suffolk County (Dounias, J.), entered July 11, 2002, which denied his objections to an order of the same court (Goglas, H.E.), entered March 22, 2002, which, after a hearing, denied his petition for a downward modification of child support.

Charles S. Sherman, Mineola, N.Y., for appellant.

Sheryl Benward, East Northport, N.Y., respondent pro se.

Before: DAVID S. RITTER, J.P., SONDRA MILLER, DANIEL F. LUCIANO, HOWARD MILLER, JJ.


DECISION ORDER

ORDERED that the order is affirmed, with costs.

As a party seeking a downward modification of child support, the father had the burden of establishing an unanticipated and unreasonable change of circumstance ( see Matter of Boden v. Boden, 42 N.Y.2d 210, 213; Matter of Heverin v. Sackel, 239 A.D.2d 418). The record supports the determination of the Family Court that the father did not meet the requisite burden so as to entitle him to a downward modification of child support.

RITTER, J.P., S. MILLER, LUCIANO and H. MILLER, JJ., concur.


Summaries of

In the Matter of Benward v. Benward

Appellate Division of the Supreme Court of New York, Second Department
Jul 14, 2003
307 A.D.2d 291 (N.Y. App. Div. 2003)
Case details for

In the Matter of Benward v. Benward

Case Details

Full title:IN THE MATTER OF SHERYL BENWARD, respondent, v. MICHAEL BENWARD, appellant

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

Date published: Jul 14, 2003

Citations

307 A.D.2d 291 (N.Y. App. Div. 2003)
762 N.Y.S.2d 284