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BEVERLY BISCHOFF, Respondent, v. RICHARD BISCHOFF, SR., Appellant.

The parties were divorced on May 26, 1972. Plaintiff wife seeks an upward modification of maintenance due to a debilitating heart attack which prevents her from being employed, and the cessation of disability benefits upon her 65th birthday. A modification of a maintenance award may be made only when the party seeking such modification demonstrates a substantial change in circumstances. (Matter of Archer v Archer, 142 A.D.2d 881.) A wife's illness, after becoming divorced, which prevents her from working constitutes a substantial change in circumstances warranting an increase in maintenance. (Wantuch v Wantuch, 56 A.D.2d 866.) The amount awarded should reflect a balancing of the wife's needs with the husband's ability to comply (Paget v Paget, 90 A.D.2d 728). Considering all the circumstances, it was not an abuse of discretion to increase the maintenance payments to the wife from $40 per week to $150 per week.

Concur — Ross, J.P., Carro, Asch and Rubin, JJ.

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BISCHOFF v. BISCHOFF
(Mar 27, 1990)