Legal Opinion

Demske v. Demske

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

Decided December 31, 1997PublishedCited 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: Supreme Court erred in granting that portion of plaintiff’s motion for an upward modification of child support. Plaintiff failed to establish “that the combination of her own income and the payments contributed by [defendant] does not adequately meet the children’s needs” (Matter of Brescia v Fitts, 56 NY2d 132, 140; see, McArthur v Bell [appeal No. 2], 201 AD2d 974, Iv dismissed 83 NY2d 906, lv denied 85 NY2d…

2Cases cited3 opinions

  1. Brescia v. FittsNew York Court of Appeals · 1982
  2. McCann v. GuterlAppellate Division of the Supreme Court of the State of New York · 1984
  3. McArthur v. BellAppellate Division of the Supreme Court of the State of New York · 1994

3Cited by1 opinion

  1. Faery v. PiedmontAppellate Division of the Supreme Court of the State of New York · 1998

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