AMICUS AI
Citation Codes
Equivalent Citations
citation codes
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

HARRIET A. WEBB, Respondent, v. STEPHEN V. WEBB, Appellant.

Order unanimously reversed on the law without costs and application dismissed. Memorandum: In order to support her application for an upward modification of child support, plaintiff was required to establish that the child's needs were not being adequately met (see, Matter of Brescia v. Fitts, 56 N.Y.2d 132, 141; Matter of Tripi v. Faiello, 195 A.D.2d 958). Plaintiff had the burden of establishing "specific increases in the costs related to the child's basic necessities of food, shelter, clothing and medical and dental needs, as well as to the expenses associated with the child's varied interests and school activities" (Matter of Miller v. Davis, 176 A.D.2d 945). Plaintiff failed to meet that burden. Her testimony consisted of generalized claims that the child's needs have increased as the child has matured; such evidence, without documentary or other supporting proof, is insufficient (see, Matter of Tripi v. Faiello, supra; Labita v. Labita, 147 A.D.2d 535, 536).

Use AI to get other relevant cases.

Comments

WEBB v. WEBB
(Oct 1, 1993)