In a proceeding pursuant to article 4 of the Family Court Act, the appeal is from so much of an order of the Family Court, Suffolk County (Cannavo, J.), entered December 3, 1980, as granted petitioner's application for an upward modification of the child support provisions of the parties' divorce decree and awarded petitioner a counsel fee. Order reversed insofar as appealed from, on the law, without costs or disbursements, the petition for increased child support is dismissed, and the request for a counsel fee is denied. The showing of a significant increase in the income of the appellant and a generalized claim that the child's needs have increased as he has matured and because of inflation are insufficient to warrant an increase in child support (see Matter of Brescia v. Fitts, 82 A.D.2d 803; Deacutis v. Cuomo, 79 A.D.2d 595; Matter of Goldstein v. Pesato, 77 A.D.2d 878; see, also, Matter of Gould v. Hannan, 44 N.Y.2d 932; Matter of Boden v. Boden, 42 N.Y.2d 210). The award of a counsel fee was unwarranted (see Matter of Brescia v. Fitts, supra; cf. Johnston v. Johnston, 83 A.D.2d 572). Damiani, J.P., Gibbons, Rabin and Margett, JJ., concur.
N.Y. App. Div.
(Aug 3, 1981)
Copy Cite
83 A.D.2d 841
Case Information
In the Matter of ANNETTE MICHAELS, Respondent, v. HERBERT MICHAELS, Appellant.
This is a paid feature.
Please subscribe to download the judgment.
Please subscribe to download the judgment.
Size
= Directly proportional to the number of citations
Color = Jurisdiction
U.S. Supreme Court
State Supreme Court
Court of Appeals
District Courts
Line Incoming
= Cited by Outgoing =
Cites
Use AI to get other relevant cases.
Comments