Legal Opinion
Scotti v. Scotti
Appellate Division of the Supreme Court of the State of New York
Decided March 22, 2011PublishedCited by 3 opinions
1Opinion of the Court
A parent seeking downward modification of a child support obligation has the burden of establishing a substantial and unanticipated change in circumstances (see Matter of Mera v Rodriguez, 74 AD3d 974, 974 [2010]). In order to meet that burden, a party seeking a downward modification based on a loss of employment must submit evidence demonstrating that he or she has diligently sought to obtain employment commensurate with that party’s earning capacity (see Matter of Mera v Rodriguez, 74 AD3d at 974; Matter of Muselevichus v Muselevichus, 40 AD3d 997, 998 [2007]; Matter of Yepes v Fichera, 230…
2Cases cited8 opinions
- Yepes v. FicheraAppellate Division of the Supreme Court of the State of New York · 1996
- Muselevichus v. MuselevichusAppellate Division of the Supreme Court of the State of New York · 2007
- Davis v. DavisAppellate Division of the Supreme Court of the State of New York · 1993
- Meyer v. MeyerAppellate Division of the Supreme Court of the State of New York · 1994
- Gedacht v. AgulnekAppellate Division of the Supreme Court of the State of New York · 2009
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3Cited by3 opinions
- Ashmore v. AshmoreAppellate Division of the Supreme Court of the State of New York · 2014
- Ashmore v. AshmoreAppellate Division of the Supreme Court of the State of New York · 2014
- Sheets v. SheetsAppellate Division of the Supreme Court of the State of New York · 2012