Legal Opinion

Fries v. Price-Yablin

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

Decided November 16, 1994PublishedCited by 15 opinions

1Opinion of the Court

—Order unanimously modified on the law and as modified affirmed *1003without costs and matter remitted to Monroe County Family Court for further proceedings in accordance with the following Memorandum: Family Court erred in modifying the Hearing Examiner’s order and in granting respondent’s cross petition because respondent failed to demonstrate a substantial change in circumstances sufficient to warrant a downward modification of child support. A party who causes her own inability to pay support is not entitled to a downward modification of support payments (see, Hickland v Hickland, 39 NY2d 1,…

2Cases cited6 opinions

  1. Kay v. KayNew York Court of Appeals · 1975
  2. Hickland v. HicklandNew York Court of Appeals · 1976
  3. Moore v. MooreAppellate Division of the Supreme Court of the State of New York · 1985
  4. Ferlo v. FerloAppellate Division of the Supreme Court of the State of New York · 1989
  5. Ludwig v. ReyomeAppellate Division of the Supreme Court of the State of New York · 1993

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3Cited by15 opinions

  1. Beard v. BeardAppellate Division of the Supreme Court of the State of New York · 2002
  2. Nieves-Ford v. GordonAppellate Division of the Supreme Court of the State of New York · 2008
  3. Yepes v. FicheraAppellate Division of the Supreme Court of the State of New York · 1996
  4. Muselevichus v. MuselevichusAppellate Division of the Supreme Court of the State of New York · 2007
  5. Marrale v. MarraleAppellate Division of the Supreme Court of the State of New York · 2007

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