Rubin v. Rubin

The primary concern of a court in determining an application for modification of child support payments is the best interests of the child. (Matter of *157Brescia v Fitts, 56 NY2d 132, 141; Matter of Boden v Boden, 42 NY2d 210, 212.) Since the trial court properly considered the best interests of the child in vacating the provisions of the separation agreement and divorce judgment, directing payment of $500 per month for child support, and ordering instead payments of $850 per month, I would affirm that portion of the judgment of Justice Wolin appealed from.

It is undisputed that there has been a…