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Matter of Gonzalez v. Diaz

Appellate Division of the Supreme Court of New York, Second Department
Feb 13, 1996
224 A.D.2d 528 (N.Y. App. Div. 1996)

Opinion

February 13, 1996

Appeal from the Family Court, Kings County (Pearce, J., Spegele, H.E.).


Ordered that the order is affirmed, with costs.

Contrary to the father's contention, the mother's request in this proceeding was predicated on the children's right to receive adequate support. Consequently, it was not necessary to demonstrate an unanticipated and unreasonable change in circumstances to justify an increase (see, Matter of Michaels v Michaels, 56 N.Y.2d 924, 926; Matter of Brescia v. Fitts, 56 N.Y.2d 132). A sufficient factual basis for the upward modification of child support has been established (see, Matter of Ragazzo v Murray, 175 A.D.2d 247; Haimowitz v. Gerber, 153 A.D.2d 879; Matter of Tibaldi v. Otten, 111 A.D.2d 859). Balletta, J.P., Miller, O'Brien and Sullivan, JJ., concur.


Summaries of

Matter of Gonzalez v. Diaz

Appellate Division of the Supreme Court of New York, Second Department
Feb 13, 1996
224 A.D.2d 528 (N.Y. App. Div. 1996)
Case details for

Matter of Gonzalez v. Diaz

Case Details

Full title:In the Matter of ARACELIS GONZALEZ, Respondent, v. AURILIANO DIAZ…

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

Date published: Feb 13, 1996

Citations

224 A.D.2d 528 (N.Y. App. Div. 1996)
638 N.Y.S.2d 352

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