New York Court of Appeals, 1982

Michaels v. Michaels

New York Court of Appeals · Decided June 17, 1982

56 N.Y.2d 924; 439 N.E.2d 321; 453 N.Y.S.2d 605; 1982 N.Y. LEXIS 3516

Cases that cite this one

74 later published cases cite this decision. The 25 that cite it most often are listed here.

Berg v. O'Leary (Appellate Division of the Supreme Court of New York 1993)
Braun v. Abenanti (Appellate Division of the Supreme Court of New York 2013)
Braun v. Abenanti (Appellate Division of the Supreme Court of New York 2013)
Cusinga v. Medina (Appellate Division of the Supreme Court of New York 2009)
Ameen v. Ameen (Appellate Division of the Supreme Court of New York 2002)
Cadwell v. Cadwell (Appellate Division of the Supreme Court of New York 2002)
Elia v. Elia (Appellate Division of the Supreme Court of New York 2002)
Jones v. McCullough (Appellate Division of the Supreme Court of New York 2000)
Owens v. Wollmers (Appellate Division of the Supreme Court of New York 1997)
Gonzalez v. Diaz (Appellate Division of the Supreme Court of New York 1996)
Hogan v. Eriksen (Appellate Division of the Supreme Court of New York 1996)
Spier v. Spier (Appellate Division of the Supreme Court of New York 1996)
Harris v. Harris (Appellate Division of the Supreme Court of New York 1996)
Neil v. Neil (Appellate Division of the Supreme Court of New York 1996)
Pollack v. Pollack (Appellate Division of the Supreme Court of New York 1996)
Spiegel v. Smith (Appellate Division of the Supreme Court of New York 1995)
Panic v. Hert (Appellate Division of the Supreme Court of New York 1994)
Fishkin v. Fishkin (Appellate Division of the Supreme Court of New York 1994)
Schiavone v. Schiavone (Appellate Division of the Supreme Court of New York 1994)
Nicholas v. Cirelli (Appellate Division of the Supreme Court of New York 1994)
Smith v. Smith (Appellate Division of the Supreme Court of New York 1993)
Tringali v. Pirri (Appellate Division of the Supreme Court of New York 1993)
Contino v. Ryan (Appellate Division of the Supreme Court of New York 1993)
Sheffer v. Fershtadt (Appellate Division of the Supreme Court of New York 1993)
Clate v. Clate (Appellate Division of the Supreme Court of New York 1993)

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

*926OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with costs, and the case remitted to that court for a review of the facts.

Inasmuch as the request here for increased child support was predicated on the child’s right to receive adequate support, it was not necessary to demonstrate an unanticipated and unreasonable change in circumstances to justify an increase (see Matter of Brescia v Fitts, 56 NY2d 132, 138-140). It is sufficient in such a case that a change in circumstances has occurred warranting the increase in the best interests of the child. And, on this record, it cannot be said as a matter of law that the circumstances shown did not warrant an increase in the child support originally provided in the divorce decree (see id., at pp 140-141).

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Order reversed, with costs, and matter remitted to the Appellate Division, Second Department, for further proceedings in accordance with the memorandum herein.

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