Legal Opinion

Fitzgerald v. Corps

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

Decided July 19, 2011PublishedCited by 3 opinions

1Opinion of the Court

*612The original child support award of $121 per week, plus $104 per week in child-care expenses, was made pursuant to a Family Court order dated October 25, 1995, which was incorporated in the parties’ judgment of divorce entered March 27, 1998. Generally, the Family Court may modify a prior support order based upon a “substantial change in circumstances warranting the modification” (Matter of Marrale v Marrale, 44 AD3d 773, 775 [2007]; see Family Ct Act § 451 [2] [a]).

Contrary to the father’s contention, the mother’s submission of evidence of the father’s significant increase in income, coupled…

2Cases cited9 opinions

  1. MATTER OF CASSANO v. CassanoNew York Court of Appeals · 1995
  2. Johnson v. ChapinNew York Court of Appeals · 2009
  3. Marrale v. MarraleAppellate Division of the Supreme Court of the State of New York · 2007
  4. Jack v. JackAppellate Division of the Supreme Court of the State of New York · 1997
  5. Jewett v. MonfolettoAppellate Division of the Supreme Court of the State of New York · 2010

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3Cited by3 opinions

  1. Matter of Daughtry v. JacobsAppellate Division of the Supreme Court of the State of New York · 2017
  2. Krowl v. NightingaleAppellate Division of the Supreme Court of the State of New York · 2013
  3. Krowl v. NightingaleAppellate Division of the Supreme Court of the State of New York · 2013

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