Appellate Division of the Supreme Court of New York, 2000

Prisco v. Buxbaum

Appellate Division of the Supreme Court of New York · Decided August 28, 2000

275 A.D.2d 461; 712 N.Y.S.2d 891; 2000 N.Y. App. Div. LEXIS 8941

Cases that cite this one

24 later published cases cite this decision.

Talty v. Talty (Appellate Division of the Supreme Court of New York 2007)
LiGreci v. LiGreci (Appellate Division of the Supreme Court of New York 2011)
Malbin v. Martz (Appellate Division of the Supreme Court of New York 2011)
Sannuto v. Sannuto (Appellate Division of the Supreme Court of New York 2005)
SR v. JR (New York Supreme Court, Richmond County 2024)
Matter of Saraguard v. Saraguard (Appellate Division of the Supreme Court of New York 2015)
Ish-Shalom v. Wittmann (Appellate Division of the Supreme Court of New York 2011)
Basile v. Wiggs (Appellate Division of the Supreme Court of New York 2011)
Brennan v. Burger (Appellate Division of the Supreme Court of New York 2009)
Gedacht v. Agulnek (Appellate Division of the Supreme Court of New York 2009)
Ferrara v. Ferrara (Appellate Division of the Supreme Court of New York 2008)
Fowler v. Rivera (Appellate Division of the Supreme Court of New York 2007)
Kholasechi v. Israelian (Appellate Division of the Supreme Court of New York 2007)
Mandelbaum v. Mandelbaum (Appellate Division of the Supreme Court of New York 2006)
DiGiorgi v. Buda (Appellate Division of the Supreme Court of New York 2006)
Greene v. Holmes (Appellate Division of the Supreme Court of New York 2006)
Opperisano v. Opperisano (Appellate Division of the Supreme Court of New York 2006)
Miller v. Miller (Appellate Division of the Supreme Court of New York 2005)
Fein v. Gilchrist (Appellate Division of the Supreme Court of New York 2005)
Zolan v. Zolan (Appellate Division of the Supreme Court of New York 2003)
Rine v. Rine (Appellate Division of the Supreme Court of New York 2003)
Love v. Love (Appellate Division of the Supreme Court of New York 2003)
Grant v. Green (Appellate Division of the Supreme Court of New York 2002)
Sugarman v. Sugarman (Appellate Division of the Supreme Court of New York 2001)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

—In a support proceeding pursuant to Family Court Act article 4, the petitioner former wife appeals, by permission, from an order of the Family Court, Nassau County (Pessala, J.), dated September 20, 1999, which granted the objeptions of the former husband to an order of the same court (Dwyer, H.E.), dated June 17, 1999, dismissing his petition for downward modification of his maintenance and support payments, and remitted the matter to the Hearing Examiner for a new hearing and a new determination.

Ordered that the order is affirmed, with costs.

It is well settled that the court may modify a prior order or judgment of child support or maintenance payments upon a showing of a “substantial change in circumstance [s] ” (Domestic Relations Law § 236 [B] [9] [b]; Klapper v Klapper, 204 AD2d 518; Schnoor v Schnoor, 189 AD2d 809; Dowd v Dowd, 178 AD2d 330). The party seeking the modification has the burden of establishing the existence of a change in circumstances warranting the modification (see, Klapper v Klapper, supra). In determining whether there has been a substantial change in circumstances, the change is measured by comparing the payor’s financial situation at the time of the application for a downward modification with that at the time of the order or judgment (see, Klapper v Klapper, supra; Schnoor v Schnoor, supra).

The former husband presented genuine issues of fact regard*462ing whether he will suffer extreme hardship if the maintenance and support terms of the judgment of divorce are not modified and, accordingly, the Family Court properly granted a hearing to determine whether modification is warranted (see, Soba v Soba, 213 AD2d 472; Grimaldi v Grimaldi, 167 AD2d 443; Heath v Heath, 128 AD2d 587). S. Miller, J. P., Altman, H. Miller and Schmidt, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.