Legal Opinion

Linder v. Linder

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

Decided September 23, 2002PublishedCited by 3 opinions

1Opinion of the Court

A party seeking downward modification of the child support terms of a stipulation of settlement must establish an unanticipated and unreasonable change in circumstances, and also must establish that such change was substantial (see Praeger v Praeger, 162 AD2d 671). The Supreme Court providently *712exercised its discretion in denying that branch of the defendant’s motion which was for downward modification. Even assuming the defendant, a medical doctor, is unable to perform surgery, the defendant did not establish that he diligently sought employment commensurate with his qualifications and…

2Cases cited2 opinions

  1. Praeger v. PraegerAppellate Division of the Supreme Court of the State of New York · 1990
  2. Yepes v. FicheraAppellate Division of the Supreme Court of the State of New York · 1996

3Cited by3 opinions

  1. Nappi v. NappiAppellate Division of the Supreme Court of the State of New York · 2004
  2. Yaroshenko v. KatsAppellate Division of the Supreme Court of the State of New York · 2004
  3. Hanlon v. HanlonAppellate Division of the Supreme Court of the State of New York · 2003

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