Berg v. Berg

Citation88 N.Y.S.3d 414,166 A.D.3d 766
Decision Date14 November 2018
Docket NumberDocket No. F–11977–14/14A,2017–08960
Parties In the Matter of Michael Alan BERG, Appellant, v. Julie Sue BERG, Respondent.
CourtNew York Supreme Court Appellate Division

166 A.D.3d 766
88 N.Y.S.3d 414

In the Matter of Michael Alan BERG, Appellant,
v.
Julie Sue BERG, Respondent.

2017–08960
Docket No.
F–11977–14/14A

Supreme Court, Appellate Division, Second Department, New York.

Submitted—September 18, 2018
November 14, 2018


Lisa Siano, Merrick, NY, for appellant.

Richman & Levine, P.C., Garden City, N.Y. (Ira W. Seligman of counsel), for respondent.

SHERI S. ROMAN, J.P., ROBERT J. MILLER, FRANCESCA E. CONNOLLY, ANGELA G. IANNACCI, JJ.

DECISION & ORDER

In a proceeding pursuant to Family Court Act article 4, the father appeals from an order of the Family Court, Nassau County (Merik R. Aaron, J.), dated May 5, 2017. The order denied his objections to an order of the same court (Elizabeth A. Bloom, S.M.), dated October 14, 2016,

88 N.Y.S.3d 415

which, after a hearing, denied his petition for a downward modification of his spousal maintenance and child support obligations under the parties' judgment of divorce.

ORDERED that the order dated May 5, 2017, is affirmed, without costs or disbursements.

The parties were divorced by a judgment dated August 1, 2012, which set forth, inter alia, the father's obligations with respect to spousal maintenance and child support for the parties' daughter. In December 2014, the father commenced the instant proceeding pursuant to Family Court Act article 4 for a downward modification of those obligations, alleging that he had recently lost his job. Following a hearing, the Support Magistrate denied the father's petition. Thereafter, in an order dated May 5, 2017, the Family Court denied the father's objections to the Support Magistrate's order. The father appeals.

A party seeking a downward modification of his or her spousal maintenance and child support obligations set forth in a judgment of divorce must establish a substantial change in circumstances (see Family Ct Act §§ 466[c][ii] and 451[3][a] ; see also Isichenko v. Isichenko, 161 A.D.3d 833, 75 N.Y.S.3d 530 ). Loss of employment may constitute a substantial change in circumstances where the termination occurred...

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5 cases
  • Oelsner v. Heppler
    • United States
    • New York Supreme Court Appellate Division
    • 25 Marzo 2020
    ...assistance 122 N.Y.S.3d 333 of counsel will not be entertained absent extraordinary circumstances (see Matter of Berg v. Berg, 166 A.D.3d 766, 767, 88 N.Y.S.3d 414 ; Matter of Ferrara v. Ferrara, 52 A.D.3d 599, 600, 860 N.Y.S.2d 577 ). Here, the father failed to establish the existence of e......
  • Roberts v. Roberts, 2018–12186
    • United States
    • New York Supreme Court Appellate Division
    • 30 Octubre 2019
    ...of divorce must establish a substantial change in circumstances (see Family Ct Act §§ 466[c][ii] ; 451[3][a]; Matter of Berg v. Berg, 166 A.D.3d 766, 88 N.Y.S.3d 414 ; Matter of Kolodny v. Perlman, 143 A.D.3d 818, 38 N.Y.S.3d 613 ). In support of his petition, the father failed to provide a......
  • Nimely v. Corneh
    • United States
    • New York Supreme Court Appellate Division
    • 15 Marzo 2023
    ...( Matter of Evans v. White, 173 A.D.3d at 865, 100 N.Y.S.3d 547 [internal quotation marks omitted]; see Matter of Berg v. Berg, 166 A.D.3d 766, 88 N.Y.S.3d 414 ). Here, the father failed to satisfy that burden (see Pathak v. Shukla, 164 A.D.3d 690, 691, 84 N.Y.S.3d 490 ).The father's remain......
  • Camaiore v. Farance
    • United States
    • New York Supreme Court Appellate Division
    • 3 Junio 2020
    ...in a child support order dated August 4, 2016 (see Matter of Evans v. White, 173 A.D.3d 864, 100 N.Y.S.3d 547 ; Matter of Berg v. Berg, 166 A.D.3d 766, 88 N.Y.S.3d 414 ).The father's remaining contentions are without merit. CHAMBERS, J.P., LEVENTHAL, DUFFY and BRATHWAITE NELSON, JJ.,...
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