Berg v. O'Leary

Sullivan, J. P.,

dissents and votes to reverse the order appealed from, on the law, and to dismiss the mother’s petition for an upward modification of child support, with the following memorandum, in which Ritter, J., concurs. Since our reading of the record on appeal does not support the bald conclusion of the majority that the mother has met her burden of proof, we dissent.

There is no dispute that the party moving to modify the child support obligations set forth in a separation agreement bears both the burden of coming forward and the burden of persuasion on the issue. The Court of Appeals…