From Casetext: Smarter Legal Research

Vlamis v. Vlamis

Appellate Division of the Supreme Court of New York, Second Department
Jul 22, 1996
229 A.D.2d 530 (N.Y. App. Div. 1996)

Opinion

July 22, 1996

Appeal from the Supreme Court, Dutchess County (Hillery, J.).


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the wife's motion which was for upward modification of temporary maintenance is denied.

The wife's assertion in her affidavit in support of the branch of her motion which was for upward modification of temporary maintenance that the husband had failed to pay his outstanding arrears and insisted that she use the money she received in temporary maintenance to pay for household expenses did not demonstrate a substantial change in circumstances or the wife's inability to become self-supporting ( see, Domestic Relations Law § 236 [B] [9] [b]; Wyser-Pratte v. Wyser-Pratte, 66 N.Y.2d 715, 716, revg 111 A.D.2d 99; Vogel v. Vogel, 156 A.D.2d 671). Accordingly, no basis existed to grant that branch of the wife's motion which was for upward modification of temporary maintenance. O'Brien, J.P., Ritter, Pizzuto and Altman, JJ., concur.


Summaries of

Vlamis v. Vlamis

Appellate Division of the Supreme Court of New York, Second Department
Jul 22, 1996
229 A.D.2d 530 (N.Y. App. Div. 1996)
Case details for

Vlamis v. Vlamis

Case Details

Full title:ANDREAS VLAMIS, Appellant, v. ELENI VLAMIS, Respondent

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

Date published: Jul 22, 1996

Citations

229 A.D.2d 530 (N.Y. App. Div. 1996)
644 N.Y.S.2d 1023