Connor v. Connor

• Citation: 171 A.D.3d 746,97 N.Y.S.3d 301
• Decision Date: 03 April 2019
• Docket Number: Docket No. F–18273–08/17G, H,2018-07360
• Parties: In the Matter of Jacqueline CONNOR, Respondent, v. John J. CONNOR, Appellant.
• Court: New York Supreme Court Appellate Division

171 A.D.3d 746
97 N.Y.S.3d 301

In the Matter of Jacqueline CONNOR, Respondent,
v.
John J. CONNOR, Appellant.

2018-07360
Docket No. F–18273–08/17G, H

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

Submitted - February 19, 2019
April 3, 2019

Barry V. Pittman, Bightwaters, NY, for appellant.

Quatela Chimeri PLLC, Hauppauge, N.Y. (Christopher J. Chimeri and Sophia Arzoumanidis of counsel), for respondent.

JOHN M. LEVENTHAL, J.P., JEFFREY A. COHEN, SYLVIA O. HINDS-RADIX, VALERIE BRATHWAITE NELSON, JJ.

DECISION & ORDER

171 A.D.3d 747

ORDERED that the order dated May 14, 2018, is affirmed, with costs.

The parties, who have two children together, were divorced by judgment entered September 2, 2010, upon the former husband's default. The judgment, inter alia, directed the former husband to pay spousal support to the former wife in the sum of $ 75 per week, as set forth in a prior order of support dated December 23, 2008, also entered upon the former husband's default. The order of support dated December 23, 2008, provided that the former husband's obligation to pay spousal support would terminate upon the former wife's death. Thereafter, in an order dated July 22, 2016, a Support Magistrate terminated the former husband's child support obligation with respect to the parties' youngest child, and directed the former husband to continue paying weekly spousal support in the sum of $ 75. In July 2017, the former wife commenced this proceeding pursuant to Family Court Act article 4, alleging that the former husband was in willful violation of his spousal support obligation. In August 2017, the former husband filed a petition seeking a downward modification of his spousal support obligation.

In an order dated February 15, 2018, after a hearing, the Support Magistrate denied the former husband's petition for a

97 N.Y.S.3d 303

downward modification, granted the former wife's violation petition, found that the former husband willfully violated his spousal support obligation, and directed the entry of a money judgment against the former husband in the sum of $ 6,000. The former husband filed objections to the Support Magistrate's order and, by order dated May 14, 2018, the Family Court denied the objections. The former husband appeals.

Contrary to the former wife's contention, the record on appeal is adequate to enable this Court to reach an informed determination on the merits.

The Family Court may modify any prior order or judgment with respect to maintenance (see Domestic Relations Law § 236[B][9][b] ; Matter of Rodriguez v. Mendoza–Gonzalez, 96 A.D.3d 766, 766, 946 N.Y.S.2d 204 ). "The party seeking the modification of a maintenance award has the burden of establishing ‘the existence of the change in circumstances that warrants the modification’ " ( Noren v....