McMurray v. McMurray

4 Citing cases

  1. Matter of Boden v. Boden

    42 N.Y.2d 210 (N.Y. 1977)   Cited 400 times
    In Boden we held that a child support award in excess of that provided for in a separation agreement should not be made "[u]nless there has been an unforeseen change in circumstances and a concomitant showing of need" (42 N.Y.2d at 213).

    Included in these obligations is the financial responsibility of providing the child with adequate and reasonable educational opportunities. Absent a showing of an unanticipated and unreasonable change in circumstances, the support provisions of the agreement should not be disturbed (see Matter of Halpern v Klebanow, 21 A.D.2d 858; Matter of Lewis v Lewis, 5 A.D.2d 674, mot for rearg den 5 A.D.2d 777, app dsmd 4 N.Y.2d 872, supra; Unger v Schiff, 277 App. Div. 112 3, mot for rearg and mot for lv to app den 278 App. Div. 571, app dsmd 302 N.Y. 767). Unless there has been an unforeseen change in circumstances and a concomitant showing of need, an award for child support in excess of that provided for in the separation agreement should not be made based solely on an increase in cost where the agreement was fair and equitable when entered into (see McMurray v McMurray, 53 A.D.2d 596-597; Matter of Best v Baras, 52 A.D.2d 557; Matter of Klein v Sheppard, 52 A.D.2d 532). Although the courts have the power to modify the provisions pertaining to child support in a separation agreement, on the record in the case now before us it was an abuse of discretion for the Appellate Division to increase the amount of child support to be paid by the father.

  2. Matter of Mayer v. Mayer

    55 A.D.2d 568 (N.Y. App. Div. 1976)   Cited 1 times

    Orders of the Family Court, entered January 5, 1976, which granted the petitioner husband's application to reduce alimony, but only to $800 per month, and entered May 24, 1976, which adjudged the petitioner husband in default with respect to arrears, unanimously modified, on the law and the facts, to reduce alimony to $600 per month and to allow the petitioner husband to purge himself of contempt by payment of arrears, and otherwise affirmed, without costs and without disbursements. The parties entered into a separation agreement in 1967, which was fair when made (McMurray v McMurray, 53 A.D.2d 596), providing for a nonallocated amount per month of $1,000 for support and maintenance of the wife and two children, plus certain medical and other expenses. The wife was given custody.

  3. Matter of Boden v. Boden

    55 A.D.2d 550 (N.Y. App. Div. 1976)

    I would affirm. The separation agreement was fair when made. (Mayer v Mayer, 55 A.D.2d 568; McMurray v McMurray, 53 A.D.2d 596. ) Moreover, the petitioner wife at the present time earns more than her former husband does. The child is now 19, and we are informed that she is attending college at The New School. Family Court jurisdiction is conceded by both sides, and so there is no need to raise the question of whether this proceeding should be in the Supreme Court.

  4. Ehrenzweig v. Ehrenzweig

    89 Misc. 2d 211 (N.Y. Sup. Ct. 1977)   Cited 2 times

    Accordingly, a hearing is to be held before the court at a time fixed in the order to be settled herein. At the hearing defendant will have the burden of proving a change in circumstances since the judgment of divorce warranting the modification sought (McMurray v McMurray, 53 A.D.2d 596). The defendant cannot, however, claim as a special circumstance the fact that he has remarried and has a child of that marriage.