Legal Opinion · Concurrence

Klein v. Sheppard

Appellate Division of the Supreme Court of the State of New York

Decided April 6, 1976Published

1Concurrence

Kupferman and Silverman, JJ. (concurring).

If the issue were merely whether there was an abuse of discretion by the Family Court increasing the amount of child support, there could be affirmance. However, the issue was broader than that. In May, 1970, the parties entered into a separation agreement prepared by counsel for the wife, providing for unallocated alimony and child support in the sum of $1,208 per month. In the event of divorce and remarriage by the wife, the father was in that event obligated to pay $50 per week per child for the support of each of the two children. The agreement…

2Cases cited3 opinions

  1. McMains v. McMainsNew York Court of Appeals · 1965
  2. Morse v. MorseAppellate Division of the Supreme Court of the State of New York · 1974
  3. Morse v. MorseNew York Court of Appeals · 1975

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