Legal Opinion

Michael M. v. Judith M.

New York City Family Court

Decided October 5, 1990Published

1Opinion of the Court

OPINION OF THE COURT

Elrich A. Eastman, J.

The petitioner has filed objections to the Hearing Examin*713er’s decision of June 26, 1990, dismissing the instant petition for downward modification.

Petitioner asserts that the dismissal, for failure to establish a prima facie case, was an abuse of discretion. The Hearing Examiner indicates that the facts asserted by petitioner do not constitute a change of circumstances. Moreover, the Hearing Examiner was not inclined to disturb a "recently set and fair order of support of the Supreme Court.”

It is well established that a downward modification of a…

2Cases cited4 opinions

  1. Windwer v. WindwerNew York Court of Appeals · 1973
  2. Windwer v. WindwerAppellate Division of the Supreme Court of the State of New York · 1972
  3. Reiss v. ReissAppellate Division of the Supreme Court of the State of New York · 1965
  4. St. Lawrence County Department of Social Services v. BaxterNew York City Family Court · 1976

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