Matter of Goldberg v. Munoz

Full title: In the Matter of MARIAN GOLDBERG, Respondent, v. MICHAEL MUNOZ, Appellant

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

Date published: Feb 23, 1993

190 A.D.2d 607 (N.Y. App. Div. 1993)

593 N.Y.S.2d 813

Opinion

February 23, 1993

Appeal from the Family Court, New York County (Leah Ruth Marks, J.).

Appellant's former wife brought a proceeding to enforce support obligations imposed under a judgment of divorce, and appellant cross-petitioned for downward modification. Contrary to appellant's contention, the hearing court properly weighed the comparative resources and equities of the two parents (see, Matter of Department of Welfare v "Mallory", 20 A.D.2d 884), and the present circumstances of appellant as opposed to his circumstances when the original obligation was imposed (see, Matter of Shipley v Shipley, 55 A.D.2d 577).

We have considered the remaining arguments, and find them to be without merit.

Concur — Sullivan, J.P., Rosenberger, Wallach and Ross, JJ.