Austein-Gillman v. Gillman
Cases that cite this one
5 later published cases cite this decision.
- Matter of Lorenzo v. Lorenzo (Appellate Division of the Supreme Court of New York 2017)
- Suffolk County Department of Social Services ex. rel. Abdul-Qadir v. Myrick (Appellate Division of the Supreme Court of New York 2011)
- Bader v. Hazzis (Appellate Division of the Supreme Court of New York 2010)
- Davis v. Davis (Appellate Division of the Supreme Court of New York 2004)
- Madura v. Nass (Appellate Division of the Supreme Court of New York 2003)
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 father appeals from an order of the Family Court, Nassau County (Koenig, J.), dated September 12, 2000, which denied his objections to an order of the same court (Watson, H.E.), dated July 24, 2000, dismissing his cross petition for downward modification of child support.
Ordered that the order is affirmed, with costs.
The father resigned from a job with a construction company to work in his new wife’s business. When this business failed and the father could not make his child support payments, he filed a cross petition for a downward modification. However, because the father’s financial deterioration was caused by his own actions and decisions, a reduction in his child support obligation is unjustified (see, Matter of Doyle v Doyle, 230 AD2d 795, 796; Matter of Yourman v Yourman, 216 AD2d 308). In any event, the father failed to establish due diligence in trying to find another job.
The father’s remaining contentions are either without merit or not properly before this Court. O’Brien, J.P., Luciano, Townes and Crane, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.