Schwaber v. Schwaber
Cases that cite this one
5 later published cases cite this decision.
- Whelan v. Whelan (Appellate Division of the Supreme Court of New York 2026)
- Matter of Jean-Baptiste v. Jean-Baptiste (Appellate Division of the Supreme Court of New York 2022)
- Matter of Berg v. Berg (Appellate Division of the Supreme Court of New York 2018)
- Martin v. Cooper (Appellate Division of the Supreme Court of New York 2012)
- Martin v. Cooper (Appellate Division of the Supreme Court of New York 2012)
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
The Supreme Court properly denied, without a hearing, the defendant’s motion for a downward modification of his child support and maintenance obligations set forth in a settlement agreement which was incorporated but not merged into the judgment of divorce. The defendant failed to make a prima facie showing that his loss of employment constituted the substantial, unanticipated, and unreasonable change in circumstances necessary to warrant a downward modification of his child support obligation because he did not demonstrate that he diligently sought re-employment commensurate with his earning capacity (see Baker v Baker, 83 AD3d 977, 978 [2011]; Conway v Conway, 79 AD3d 965 [2010]; Barson v Barson, 32 AD3d 872, 873 [2006]).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.