Legal Opinion
Schwaber v. Schwaber
Appellate Division of the Supreme Court of the State of New York
Decided January 31, 2012PublishedCited by 2 opinions
1Opinion of the Court
The Supreme Court properly denied, without a hearing, the defendant’s motion for a downward modification of his child support and maintenance obligations set forth in a settlement agreement which was incorporated but not merged into the judgment of divorce. The defendant failed to make a prima facie showing that his loss of employment constituted the substantial, unanticipated, and unreasonable change in circumstances necessary to warrant a downward modification of his child support obligation because he did not demonstrate that he diligently sought re-employment commensurate with his earning…
2Cases cited10 opinions
- Talty v. TaltyAppellate Division of the Supreme Court of the State of New York · 2007
- Fragola v. AlfaroAppellate Division of the Supreme Court of the State of New York · 2007
- Barson v. BarsonAppellate Division of the Supreme Court of the State of New York · 2006
- Mahato v. MahatoAppellate Division of the Supreme Court of the State of New York · 2005
- Baker v. BakerAppellate Division of the Supreme Court of the State of New York · 2011
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3Cited by2 opinions
- Martin v. CooperAppellate Division of the Supreme Court of the State of New York · 2012
- Martin v. CooperAppellate Division of the Supreme Court of the State of New York · 2012