Appellate Division of the Supreme Court of New York, 2005

Gross v. Gross

Gross v. Gross
Appellate Division of the Supreme Court of New York · Decided February 14, 2005
15 A.D.3d 442; 789 N.Y.S.2d 447; 2005 N.Y. App. Div. LEXIS 1644
Gross v. Gross

Opinion of the Court

In a matrimonial action in which the parties were divorced by judgment dated December 20, 2001, the plaintiff appeals, as limited by his brief, from so much of a judgment of the Supreme Court, Westchester County (Spolzino, J.), entered June 10, 2003, as, upon the denial of his motions for a downward modification of his child support obligations, is in favor of the defendant and against him in the principal sum of $58,969.10.

Ordered that the judgment is affirmed insofar as appealed from, with costs.

“Absent a showing of an unanticipated and unreasonable change in circumstances, the support provisions of the agreement should not be disturbed” (Matter of Boden v Boden, 42 NY2d 210, 213 [1977]). Moreover, where the application is one for downward modification of child support, such a change in circumstances must be substantial (see Beard v Beard, 300 AD2d 268 [2002]). Here, the plaintiff failed to make a prima facie showing of such a change. Therefore, the denial of his motions without first conducting hearings was proper (see Roshevsky v Roshevsky, 267 AD2d 293, 294 [1999]; Mitchell v Mitchell, 170 AD2d 585 [1991]; Nordhauser v Nordhauser, 130 AD2d 561, 562 [1987]).

The plaintiffs remaining contentions are without merit. H. Miller, J.E, Luciano, Rivera and Lifson, JJ., concur.

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