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Matter of Burnell v. Burnell

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 21, 1986
117 A.D.2d 1012 (N.Y. App. Div. 1986)

Opinion

February 21, 1986

Appeal from the Niagara County Family Court, Halpin, J.

Present — Dillon, P.J., Doerr, Green, O'Donnell and Pine, JJ.


Order unanimously modified, on the law, and, as modified, affirmed, without costs, and matter remitted to Niagara County Family Court for further proceedings, in accordance with the following memorandum: Family Court properly entered a judgment against appellant for the arrears due under a prior support order of that court, because the defaulting party did not show "good cause for failure to make application for relief from the judgment or order directing payment prior to the accrual of such arrears" (Family Ct Act § 460 [e]; emphasis added; see also, Matter of La Duke v. La Duke, 110 A.D.2d 930; Malta v Malta, 87 A.D.2d 988).

However, the court erred in summarily denying appellant's request for modification of the support order based upon an alleged change in circumstances. "When a party seeks modification of a prior support order based upon a change in circumstances, the court should conduct a full hearing to determine whether the alleged change warrants modification" (Van Neil v. Van Neil, 93 A.D.2d 986; see, Family Ct Act § 461 [b] [ii]; Lewis v. Gellman, 105 A.D.2d 1090).

Furthermore, the court erred in refusing to order compulsory financial disclosure by the parties (Family Ct Act § 424-a).


Summaries of

Matter of Burnell v. Burnell

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 21, 1986
117 A.D.2d 1012 (N.Y. App. Div. 1986)
Case details for

Matter of Burnell v. Burnell

Case Details

Full title:In the Matter of MARY A. BURNELL, Respondent, v. JACK S. BURNELL…

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

Date published: Feb 21, 1986

Citations

117 A.D.2d 1012 (N.Y. App. Div. 1986)