Lyda v. Lyda
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order unanimously reversed on the law without costs and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: Supreme Court erred in denying without a hearing the application of plaintiff for an order reducing his child support obligation and relieving him of his obligation to contribute to his children’s education. “It is well settled that on a motion for an upward or downward modification of support payments, a hearing is necessary on the issue of changed circumstances where the parties’ affidavits disclose the existence of genuine questions…
2Cases cited2 opinions
- Schnoor v. SchnoorAppellate Division of the Supreme Court of the State of New York · 1993
- Wells v. WellsAppellate Division of the Supreme Court of the State of New York · 1997