Legal Opinion
Lawrence v. Lawrence
Appellate Division of the Supreme Court of the State of New York
Decided November 18, 1992No. Appeal No. 1PublishedCited by 3 opinions
1Opinion of the Court
Order unanimously affirmed with costs. Memorandum: Family Court properly dismissed petitioner’s application for an upward modification of respondent’s child support obligation. Petitioner failed to justify an award for support in excess of that provided for in the agreement by establishing an unanticipated and unreasonable change of circumstances and a concomitant need (see, Matter of Boden v Boden, 42 NY2d 210, 213; Rubin v Rubin, 119 AD2d 152, 155, affd 69 NY2d 702).
Whether counsel fees should be awarded under Family Court Act § 438 (a) is a matter for the discretion of Family Court (see,…
2Cases cited6 opinions
- Boden v. BodenNew York Court of Appeals · 1977
- Whittaker v. FeldmanAppellate Division of the Supreme Court of the State of New York · 1985
- Rubin v. RubinAppellate Division of the Supreme Court of the State of New York · 1986
- Rubin v. RubinNew York Court of Appeals · 1986
- Gallina v. GallinaAppellate Division of the Supreme Court of the State of New York · 1990
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Kemenash v. McIntyreAppellate Division of the Supreme Court of the State of New York · 1994
- Burns v. BurnsAppellate Division of the Supreme Court of the State of New York · 1997
- Lee v. LeeAppellate Division of the Supreme Court of the State of New York · 2009