Login
  • Bookmark
  • PDF
  • Share
  • CaseIQ

GROSS v. GROSS

Appellate Division of the Supreme Court of New York, Second Department.
Feb 14, 2005
Important Paras
Please sign up to view Important Paras.

Ordered that the judgment is affirmed insofar as appealed from, with costs.

"Absent a showing of an unanticipated and unreasonable change in circumstances, the support provisions of the agreement should not be disturbed" ( Matter of Boden v. Boden, 42 NY2d 210, 213). Moreover, where the application is one for downward modification of child support, such a change in circumstances must be substantial ( see Beard v. Beard, 300 AD2d 268). Here, the plaintiff failed to make a prima facie showing of such a change. Therefore, the denial of his motions without first conducting hearings was proper ( see Roshevsky v. Roshevsky, 267 AD2d 293, 294; Mitchell v. Mitchell, 170 AD2d 585; Nordhauser v. Nordhauser, 130 AD2d 561, 562).

The plaintiff's remaining contentions are without merit.