AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

In the Matter of LISA BARRIO, Respondent, v. RICHARD MONTANEZ, Appellant.

Ordered that the appeal from the order is dismissed, without costs or disbursements, as that order was superseded by the amended order; and it is further,

Ordered that the amended order is affirmed, without costs or disbursements.

The father failed to proffer, before the Support Magistrate, any evidence of conduct on the part of the mother that could constitute "a voluntary and intentional relinquishment of a "known and otherwise enforceable right" to increased child support payments pursuant to the parties' stipulation of settlement and judgment of divorce ( Matter of O'Connor v Curcio, 281 AD2d 100, 104 [internal quotation marks omitted]; see Matter of Dox v Tynon, 90 NY2d 166; Matter of Gleason v Gleason, 247 AD2d 384, 385). Thus, the father was not entitled to a hearing with respect to his claim that the mother waived her right to child support payments ( see Eldridge v Eldridge, 228 AD2d 473; Mattera v Mattera, 214 AD2d 544, 545).

Use AI to get other relevant cases.

Comments

IN RE BARRIO
(Mar 30, 2010)