Legal Opinion

Ross v. Ross

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

Decided August 5, 2002PublishedCited by 6 opinions

1Opinion of the Court

*287The father’s cross petition sought a downward modification of his support obligations under a judgment of divorce which is subject to the terms of a separation agreement that was incorporated but not merged into the judgment. Under such circumstances, the father must demonstrate “extreme hardship” (Matter of Cohen v Seletsky, 142 AD2d 111, 112; see Domestic Relations Law § 236 [B] [9] [b]). The Family Court properly determined that the father failed to do so (see Clark v Clark, 280 AD2d 575; Mishrick v Mishrick, 251 AD2d 558).

The father’s remaining contentions are without merit. Prudenti,…

2Cases cited3 opinions

  1. Cohen v. SeletskyAppellate Division of the Supreme Court of the State of New York · 1988
  2. Mishrick v. MishrickAppellate Division of the Supreme Court of the State of New York · 1998
  3. Clark v. ClarkAppellate Division of the Supreme Court of the State of New York · 2001

3Cited by6 opinions

  1. DeCamp v. DeCampAppellate Division of the Supreme Court of the State of New York · 2004
  2. Rosato v. RosatoAppellate Division of the Supreme Court of the State of New York · 2005
  3. Galati v. GalatiAppellate Division of the Supreme Court of the State of New York · 2006
  4. Norman v. DykmanAppellate Division of the Supreme Court of the State of New York · 2005
  5. Leyberman v. LeybermanAppellate Division of the Supreme Court of the State of New York · 2005

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