Cohen v. Cohen

• Decision Date: 27 April 1998
• Citation: 672 N.Y.S.2d 125,249 A.D.2d 499
• Parties: , 1998 N.Y. Slip Op. 3833 Steven COHEN, Appellant, v. Susan COHEN, Respondent.
• Court: New York Supreme Court — Appellate Division

Page 125

672 N.Y.S.2d 125

249 A.D.2d 499, 1998 N.Y. Slip Op. 3833

Steven COHEN, Appellant, v. Susan COHEN, Respondent.

Supreme Court, Appellate Division,

Second Department.

April 27, 1998.

Robert S. Michaels, New York City (Robert C. Keilson, of counsel), for appellant.

Gabor & Gabor, Garden City (David G. Gabor, of counsel), for respondent.

Before RITTER, J.P., and SULLIVAN, KRAUSMAN and LUCIANO, JJ.

MEMORANDUM BY THE COURT.

In a matrimonial action in which the parties were divorced by judgment entered July 9, 1993, the plaintiff former husband appeals, as limited by his brief, from stated portions of (1) an order of the Supreme Court, Nassau County (Franco, J.), dated December 2, 1996, which, after a hearing, inter alia, granted the defendant former wife's cross motion for an upward modification of child support, and awarded her child support arrears in the sum of $6,149 and counsel fees, and (2) an order of the same court, dated February 3, 1997, which, inter alia, granted those branches of the former wife's motion which were (a), in effect, for a declaration that she is entitled to certain tax credits arising from the payment of the mortgage and maintenance on the former marital residence, (b) for an income execution, and (c) to direct payment of child support directly to her.

ORDERED that the order dated December 2, 1996, is modified by (1) deleting the provision thereof which granted that branch of the former wife's motion which was for an upward modification of child support, and substituting therefor a provision denying that branch of the motion, and (2) deleting the provision thereof awarding the former wife arrears in child support of $6,149, and substituting therefor a provision awarding her the sum of $3,500; as so modified, the order is affirmed insofar as appealed from; and it is further,

ORDERED that the order dated February 3, 1997, is modified by (1) deleting the provision thereof which granted that branch of the former wife's motion which was, in effect, for a declaration that she is entitled to certain tax benefits arising from the payment of the mortgage and maintenance on the former marital residence, and substituting therefor a provision denying that branch of the motion, (2) deleting the provision thereof which granted that branch of the former wife's motion which was for an income execution, and substituting therefor a provision denying that branch of the motion, and (3) deleting the provision thereof which directed that the former husband pay child support directly to the former wife; as so modified, the order is affirmed insofar as appealed from; and it is further,

ORDERED that the appellant is awarded one bill of costs.

By a series of stipulations which were incorporated but not merged into the judgment of divorce, the parties settled various matters including, inter alia, issues of child support. This appeal concerns various efforts to modify or enforce the provisions of such stipulations.

The former wife sought and received an upward modification of the former husband's child support obligation based, inter alia, on changed circumstances, including the former husband's increased income. However, where, as here, the parties, both of whom were represented by counsel, entered into an agreement concerning child support, the agreement should not be...