Cream v. Brace

OPINION OF THE COURT

Jeffry H. Gallet, J.

We are faced here with the all too familiar situation of a noncustodial parent remarrying, starting a second family and finding that there is simply not enough income to support both families in the style he or she would prefer. In the case at bar, respondent’s first wife prays for an increase in the $75 a week child support payments for their two children, which were originally set in a 1979 separation agreement and continued by a 1979 divorce judgment and a 1981 Family Court order. Respondent defends on the dual grounds that petitioner has not proven…