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Matter of Staffanell v. Staffanell

Appellate Division of the Supreme Court of New York, Second Department
Oct 30, 1995
220 A.D.2d 751 (N.Y. App. Div. 1995)

Opinion

October 30, 1995

Appeal from the Family Court, Orange County (Bivona, J., Braxton, H.E.).


Ordered that the order is affirmed, with costs.

Contrary to the father's contention on appeal, we find that the mother met her burden by establishing a change in circumstances sufficient to warrant an upward modification in child support (see, Family Ct Act § 461 [b] [ii]). Where, as here, the movant has set forth specific increased expenses, as opposed to merely a general claim that the child's needs have increased as the child matured or as a result of inflation, an upward modification is appropriate (see, Matter of Adams-Eppes v Fulton, 195 A.D.2d 455, 456; Zucker v. Zucker, 187 A.D.2d 507, 509; Matter of Miller v. Davis, 176 A.D.2d 945). The Family Court correctly took into account the fact that the father's income had significantly increased since the date of the last support order in 1987 (see, Matter of Adams-Eppes v. Fulton, supra; Matter of Gilzinger v. Stern, 186 A.D.2d 652, 653; Matter of Popp v Raitano, 167 A.D.2d 404, 405). Miller, J.P., Thompson, Joy and Krausman, JJ., concur.


Summaries of

Matter of Staffanell v. Staffanell

Appellate Division of the Supreme Court of New York, Second Department
Oct 30, 1995
220 A.D.2d 751 (N.Y. App. Div. 1995)
Case details for

Matter of Staffanell v. Staffanell

Case Details

Full title:In the Matter of MADLYN STAFFANELL, Respondent, v. FRANCISCO STAFFANELL…

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

Date published: Oct 30, 1995

Citations

220 A.D.2d 751 (N.Y. App. Div. 1995)
633 N.Y.S.2d 74

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