Owens v. Wollmers
Opinion of the Court
—In a proceeding pursuant to Family Court Act article 4, the mother appeals from so much of an order of the Family Court, Suffolk County (Dunn, J.), entered October 8, 1996, as granted the father’s objections to so much of an order of the same court (Rodriguez, H.E.), entered June 18, 1996, as, after a hearing, increased his monthly child support obligation to $1,523.00.
Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.
When one parent seeks to increase the support obligations of the other parent based upon increased needs, it is not necessary to show an unanticipated and unreasonable change in circumstances, because the increase is predicated on the children’s right to receive adequate support (see, Matter of Michaels v Michaels, 56 NY2d 924, 926; Matter of Brescia v Fitts, 56 NY2d 132; Haimowitz v Gerber, 153 AD2d 879). However, the increased support is warranted only where the movant sets
Here, the Family Court properly found that the mother failed to satisfy her burden of proving specific increased needs of the parties’ children which warrant an increase in child support (see, Matter of Staffanell v Staffanell, supra; Matter of Adams-Eppes v Fulton, supra; Zucker v Zucker, supra). Mangano, P. J., Copertino, Krausman and McGinity, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.