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Matter of Walters v. Klima

Appellate Division of the Supreme Court of New York, Second Department
Apr 14, 1997
238 A.D.2d 432 (N.Y. App. Div. 1997)

Opinion

April 14, 1997


In a proceeding pursuant to Family Court Act article 4 for a downward modification of child support set pursuant to an agreement, the mother appeals from an order of the Family Court, Nassau County (Diamond, J.), dated February 23, 1996, which denied her objections to an order of the same court (Kahlon, H.E.), entered December 5, 1995, which, after a hearing, dismissed her petition.

Ordered that the order is affirmed, with costs.

Under the circumstances of this case, the death of the appellant's second husband does not constitute an unanticipated and unreasonable change of circumstance that warrants a downward modification of her child support obligation ( see, Matter of Boden v. Boden, 42 N.Y.2d 210; Katz v. Katz, 188 A.D.2d 827). We note that the appellant entered into the agreement to pay the child support award more than a year before she remarried and no mention of her plans to remarry was made in the agreement. Altman, J.P., Friedmann, Goldstein and Luciano, JJ., concur.


Summaries of

Matter of Walters v. Klima

Appellate Division of the Supreme Court of New York, Second Department
Apr 14, 1997
238 A.D.2d 432 (N.Y. App. Div. 1997)
Case details for

Matter of Walters v. Klima

Case Details

Full title:In the Matter of TAMMY WALTERS, Appellant, v. CHARLES KLIMA, Respondent

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

Date published: Apr 14, 1997

Citations

238 A.D.2d 432 (N.Y. App. Div. 1997)
656 N.Y.S.2d 362