Legal Opinion

Nicit v. Nicit

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

Decided May 2, 2001Published

1Opinion of the Court

—Order unanimously affirmed with costs. Memorandum: Defendant contends that Supreme Court erred in reducing his maintenance obligation by only $250 per month. We disagree. In seeking modification of his maintenance obligation, defendant bore the burden of demonstrating a substantial change in circumstances (see, Domestic Relations Law § 236 [B] [9] [b]; Chisholm v Chisholm, 138 AD2d 829, 830). “Determining whether a substantial change has occurred and the extent of relief occasioned by such a change are matters addressed to the discretion of the trial court, with each case turning on its…

2Cases cited2 opinions

  1. Chisholm v. ChisholmAppellate Division of the Supreme Court of the State of New York · 1988
  2. Kelly v. KellyAppellate Division of the Supreme Court of the State of New York · 1999

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