Ketcham v. Crawford
| Decision Date | 03 November 2003 |
| Docket Number | 2002-10953. |
| Parties | In the Matter of CHRISTINE W. KETCHAM, Respondent, v. DONALD L. CRAWFORD, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Ordered that the order is modified, on the law and the facts, by deleting the second, third, fifth, and seventh decretal paragraphs thereof and adding thereto a provision granting the father's petition for downward modification; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements, so much of the order entered November 1, 2002, as denied the objections to so much of the order entered July 9, 2002, as denied the petition for downward modification of the father's child support obligation is vacated, and the matter is remitted to the Family Court, Suffolk County, for further proceedings in accordance herewith.
The parties were divorced by judgment dated July 12, 2000. A stipulation settling their matrimonial action was incorporated, but not merged in the judgment. Pursuant to the stipulation, the father, who at the time had an annual income of approximately $132,000, agreed to pay child support in the sum of $538 per week for the parties' three children. The weekly child support payment would increase to $641.50 upon termination of his maintenance payments to the mother. Either party could seek modification of the child support provisions in the stipulation based upon "a substantial change in financial circumstances." In July 2001 the mother commenced an enforcement proceeding which resulted in an order dated August 14, 2001, continuing the father's obligation to pay child support in the sum of $641.50 per week.
The father's employment as a reporter with WWOR-TV was terminated on October 26, 2001. He received severance pay in the net amount of $21,273.38 but did not make any child support payments. In November 2001 the mother commenced an enforcement proceeding seeking, inter alia, a finding that the father had willfully failed to obey the order of support. By petition dated December 17, 2001, the father sought downward modification of his child support obligation.
At a hearing held in May and June 2002, the father testified that he received unemployment benefits in the sum of $445 per week for a period of six months. He also testified about the numerous efforts he made to secure employment. In April 2002 he obtained part-time employment with News 12 Long Island, earning approximately $21 per hour. His average income at...
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Szalapski v. Schwartz, 2003/8830.
...“numerous efforts to secure employment” although none of the actual “efforts” were described in the court holding. Ketcham v. Crawford, 1 A.D.3d 359, 767 N.Y.S.2d 47 (2d Dep't 2003). The court held that his “diligent effort” was solely “in his field,” a suggestion that a uniquely-skilled em......
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...52 A.D.3d 599, 600, 860 N.Y.S.2d 577 ; Matter of Cichosz v. Cichosz, 12 A.D.3d 598, 599, 784 N.Y.S.2d 387 ; Matter of Ketcham v. Crawford, 1 A.D.3d 359, 361, 767 N.Y.S.2d 47 ).The father's remaining contentions either are not properly before this Court, or are without...