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Matter of Michaels v. Michaels

Appellate Division of the Supreme Court of New York, Second Department
Aug 3, 1981
83 A.D.2d 841 (N.Y. App. Div. 1981)

Opinion

August 3, 1981


In a proceeding pursuant to article 4 of the Family Court Act, the appeal is from so much of an order of the Family Court, Suffolk County (Cannavo, J.), entered December 3, 1980, as granted petitioner's application for an upward modification of the child support provisions of the parties' divorce decree and awarded petitioner a counsel fee. Order reversed insofar as appealed from, on the law, without costs or disbursements, the petition for increased child support is dismissed, and the request for a counsel fee is denied. The showing of a significant increase in the income of the appellant and a generalized claim that the child's needs have increased as he has matured and because of inflation are insufficient to warrant an increase in child support (see Matter of Brescia v. Fitts, 82 A.D.2d 803; Deacutis v. Cuomo, 79 A.D.2d 595; Matter of Goldstein v. Pesato, 77 A.D.2d 878; see, also, Matter of Gould v. Hannan, 44 N.Y.2d 932; Matter of Boden v. Boden, 42 N.Y.2d 210). The award of a counsel fee was unwarranted (see Matter of Brescia v. Fitts, supra; cf. Johnston v. Johnston, 83 A.D.2d 572). Damiani, J.P., Gibbons, Rabin and Margett, JJ., concur.


Summaries of

Matter of Michaels v. Michaels

Appellate Division of the Supreme Court of New York, Second Department
Aug 3, 1981
83 A.D.2d 841 (N.Y. App. Div. 1981)
Case details for

Matter of Michaels v. Michaels

Case Details

Full title:In the Matter of ANNETTE MICHAELS, Respondent, v. HERBERT MICHAELS…

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

Date published: Aug 3, 1981

Citations

83 A.D.2d 841 (N.Y. App. Div. 1981)

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Matter of Michaels v. Michaels

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