Matter of Bard v. Bard

Full title: In the Matter of MARION E. BARD, Respondent, v. DOUGLAS L. BARD, Appellant

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

Date published: Dec 15, 1986

125 A.D.2d 464 (N.Y. App. Div. 1986)

Opinion

December 15, 1986

Appeal from the Family Court, Orange County (Mishkin, J.).

Ordered that the order is affirmed, with costs.

In this proceeding the petitioner is attempting to obtain adequate support for the parties' children. Therefore, it is not necessary to demonstrate an unforeseen change in circumstances to justify an increase (see, Matter of Tibaldi v. Otten, 111 A.D.2d 859). The petitioner must establish that a change in circumstances has occurred warranting the modification in the best interest of the children (see, Stevenson v. Stevenson, 98 A.D.2d 718). A review of the record clearly indicates that a factual basis for the upward modification has been established. Thompson, J.P., Niehoff, Weinstein, Kunzeman and Spatt, JJ., concur.