Legal Opinion

Hyman & Gilbert v. Withers

New York Supreme Court

Decided December 17, 2014Published

1Opinion of the Court

OPINION OF THE COURT

William J. Giacomo, J.

Factual and Procedural Background

The facts of this case are generally not in dispute.

On August 6, 2008, defendant, appearing pro se, filed a petition in the New Rochelle Family Court seeking arrears in child support, maintenance and additional expenses owed to her by her ex-husband Mr. Withers pursuant to the terms of a matrimonial judgment.

Thereafter, on August 22, 2008, in apparent retaliation for defendant filing a petition for arrears, Mr. Withers filed a petition for downward modification of his obligations under the separation agreement.

On…

2Cases cited8 opinions

  1. Seth Rubenstein, P.C. v. GaneaAppellate Division of the Supreme Court of the State of New York · 2007
  2. Mulcahy v. MulcahyAppellate Division of the Supreme Court of the State of New York · 2001
  3. Gross v. GrossAppellate Division of the Supreme Court of the State of New York · 2006
  4. Kayden v. KaydenAppellate Division of the Supreme Court of the State of New York · 2000
  5. Abrahams v. Commonwealth Land Title InsuranceAppellate Division of the Supreme Court of the State of New York · 2014

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