Legal Opinion

Weinel v. Weinel

New York City Family Court

Decided January 17, 1977PublishedCited by 2 opinions

1Opinion of the CourtAlfred J. Weiner, J.

*92ISSUE

This proceeding has been referred to this court from the Supreme Court.

The issue presented for determination in this proceeding to modify the judgment of divorce by increasing the child support, is whether the plaintiff is entitled to a de nova hearing on the issue of the sufficiency of the child support amounts, or whether a change in circumstances must first be shown before the judgment of divorce can be modified.

FACTS

An uncontested divorce was granted to the plaintiff on August 27, 1976. A separation agreement entered into between the parties on May 23, 1975 was incorporated and not…

2Cases cited10 opinions

  1. Kover v. KoverNew York Court of Appeals · 1972
  2. Brody v. BrodyAppellate Division of the Supreme Court of the State of New York · 1964
  3. Brody v. BrodyNew York Court of Appeals · 1967
  4. Gullo v. GulloAppellate Division of the Supreme Court of the State of New York · 1974
  5. Presberg v. PresbergAppellate Division of the Supreme Court of the State of New York · 1955

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3Cited by2 opinions

  1. Connolly v. SpeanburgNew York City Family Court · 1978
  2. Neita W. v. Canute W.New York Family Court · 1981

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