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Matter of Lawrence v. Lawrence

Appellate Division of the Supreme Court of New York, Fourth Department
May 31, 1996
227 A.D.2d 967 (N.Y. App. Div. 1996)

Opinion

May 31, 1996

Appeal from the Ontario County Family Court, Harvey, J.

Present — Pine, J.P., Fallon, Callahan, Doerr and Davis, JJ.


Order unanimously reversed on the law without costs, objections sustained, order of Hearing Examiner vacated and petition dismissed. Memorandum: Family Court erred in granting the petition seeking an upward modification of respondent's child support obligation set forth in the parties' separation agreement, which was incorporated but not merged in the judgment of divorce. From our review of the record, we conclude that petitioner failed to meet her burden of establishing either an unanticipated and unreasonable change in circumstances ( see, Matter of Boden v. Boden, 42 N.Y.2d 210, 213) or that the children's needs are not being met ( see, Matter of Brescia v Fitts, 56 N.Y.2d 132, 141; Kinsella v. Kinsella, 206 A.D.2d 889, 890; Matter of Tripi v. Faiello, 195 A.D.2d 958, lv dismissed 82 N.Y.2d 803).


Summaries of

Matter of Lawrence v. Lawrence

Appellate Division of the Supreme Court of New York, Fourth Department
May 31, 1996
227 A.D.2d 967 (N.Y. App. Div. 1996)
Case details for

Matter of Lawrence v. Lawrence

Case Details

Full title:In the Matter of RONNA M. LAWRENCE, Respondent, v. DAVID E. LAWRENCE…

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

Date published: May 31, 1996

Citations

227 A.D.2d 967 (N.Y. App. Div. 1996)
643 N.Y.S.2d 453

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