Legal Opinion
Basile v. Wiggs
Appellate Division of the Supreme Court of the State of New York
Decided March 15, 2011PublishedCited by 12 opinions
1Opinion of the Court
“A parent seeking downward modification of a child support obligation has the burden of establishing a substantial and unanticipated change in circumstances. In order to meet that burden, a party seeking a downward modification based on a loss of employment must submit evidence demonstrating that he or she has diligently sought to obtain employment commensurate with that party’s earning capacity” (Matter of Mera v Rodriguez, 74 AD3d 974, 974 [2010] [citations omitted]; see Matter of Ripa v Ripa, 61 AD3d 766, 766-767 [2009]). “In determining whether there has been a substantial change in…
2Cases cited5 opinions
- Mandelowitz v. BoddenAppellate Division of the Supreme Court of the State of New York · 2009
- Talty v. TaltyAppellate Division of the Supreme Court of the State of New York · 2007
- Prisco v. BuxbaumAppellate Division of the Supreme Court of the State of New York · 2000
- Ripa v. RipaAppellate Division of the Supreme Court of the State of New York · 2009
- Mera v. RodriguezAppellate Division of the Supreme Court of the State of New York · 2010
3Cited by12 opinions
- Riendeau v. RiendeauAppellate Division of the Supreme Court of the State of New York · 2012
- Rubenstein v. RubensteinAppellate Division of the Supreme Court of the State of New York · 2014
- Levine-Seidman v. SeidmanAppellate Division of the Supreme Court of the State of New York · 2011
- Mofadal v. AbdelhadiAppellate Division of the Supreme Court of the State of New York · 2011
- McAndrew v. McAndrewAppellate Division of the Supreme Court of the State of New York · 2011
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