Legal Opinion
Rogers v. Bittner
Appellate Division of the Supreme Court of the State of New York
Decided March 13, 1992PublishedCited by 9 opinions
1Opinion of the Court
— Order unanimously affirmed with costs. Memorandum: In this proceeding to modify the child support provisions of a divorce decree, the Hearing Examiner erred in holding that petitioner was obligated to prove unforeseen and unanticipated circumstances. Because the support provisions were not embodied in a separation agreement, petitioner had to demonstrate only a change in circumstances that would warrant modification in the best interests of the child (Family Ct Act § 461 [b]; Matter of Bruhn v McCready, 138 AD2d 374; compare, Matter of Brescia v Fitts, 56 NY2d 132).
Nevertheless, petitioner…
2Cases cited5 opinions
- Brescia v. FittsNew York Court of Appeals · 1982
- Boden v. BodenNew York Court of Appeals · 1977
- Popp v. RaitanoAppellate Division of the Supreme Court of the State of New York · 1990
- Bruhn v. McCreadyAppellate Division of the Supreme Court of the State of New York · 1988
- Goldstein v. PesatoAppellate Division of the Supreme Court of the State of New York · 1980
3Cited by9 opinions
- Tripi v. FaielloAppellate Division of the Supreme Court of the State of New York · 1993
- Reynolds v. OsterAppellate Division of the Supreme Court of the State of New York · 1993
- Love v. LoveAppellate Division of the Supreme Court of the State of New York · 2003
- Shedd v. SheddAppellate Division of the Supreme Court of the State of New York · 2000
- Rosenthal v. BuckAppellate Division of the Supreme Court of the State of New York · 2001
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