Legal Opinion

Markowski v. Hetzler

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

Decided December 31, 2008Published

1Opinion of the Court

Memorandum: Petitioner mother appeals from an order denying her objections to the order of the Support Magistrate. That order granted the motion of respondent father to dismiss the mother’s petition for modification of the child support provisions contained in the parties’ opting-out agreement, which was incorporated but not merged into the parties’ judgment of divorce. Contrary to the contention of the mother, Family Court properly denied her objections. In support of her petition, the mother failed to demonstrate the requisite “unanticipated and unreasonable change in circumstances…

2Cases cited4 opinions

  1. Scholet v. NewellAppellate Division of the Supreme Court of the State of New York · 1996
  2. Beck v. BeckAppellate Division of the Supreme Court of the State of New York · 1997
  3. Kamerman v. KamermanAppellate Division of the Supreme Court of the State of New York · 2000
  4. Nuchereno v. PecoraAppellate Division of the Supreme Court of the State of New York · 2000

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