Legal Opinion
McArthur v. Bell
Appellate Division of the Supreme Court of the State of New York
Decided February 4, 1994No. Appeal No. 2PublishedCited by 1 opinion
1Opinion of the Court
Order unanimously modified on the law and as modified affirmed without costs and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: Plaintiff contends that defendant *975failed to sustain her burden of proving a change of circumstances warranting an increase in child support in the best interests of the children (see, Matter of Brescia v Fitts, 56 NY2d 132; Matter of Contino v Ryan, 193 AD2d 1057; Wirth v Wirth, 126 AD2d 636). We agree. The party seeking upward modification of child support must introduce evidence tending to show "that the…
2Cases cited9 opinions
- Brescia v. FittsNew York Court of Appeals · 1982
- Miller v. DavisAppellate Division of the Supreme Court of the State of New York · 1991
- Tripi v. FaielloAppellate Division of the Supreme Court of the State of New York · 1993
- McCann v. GuterlAppellate Division of the Supreme Court of the State of New York · 1984
- Joan Marie D. v. Harold G.Appellate Division of the Supreme Court of the State of New York · 1989
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3Cited by1 opinion
- McArthur v. CaputoDistrict Court, E.D. New York · 1996