Legal Opinion

Smith v. Todd-Smith

Appellate Division of the Supreme Court of the State of New York

Decided December 15, 2009Published

1Opinion of the Court

Contrary to the father’s contention, the Family Court properly denied his objections. The father failed to establish a ground for downward modification of his child support obligation, as set forth in a stipulation of settlement that was incorporated but not merged in the parties’ judgment of divorce. The father failed *1002to demonstrate an unanticipated and substantial change in circumstances since the time of the stipulation to justify a downward modification (see Matter of Perrego v Perrego, 63 AD3d 1072 [2009]; Matter of Westenberger v Westenberger, 23 AD3d 571 [2005]; Matter of Brunetti v…

2Cases cited6 opinions

  1. Westenberger v. WestenbergerAppellate Division of the Supreme Court of the State of New York · 2005
  2. Perrego v. PerregoAppellate Division of the Supreme Court of the State of New York · 2009
  3. Yourman v. YourmanAppellate Division of the Supreme Court of the State of New York · 1995
  4. Connolly v. ConnollyAppellate Division of the Supreme Court of the State of New York · 2007
  5. Brunetti v. BrunettiAppellate Division of the Supreme Court of the State of New York · 2005

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