Klapper v. Klapper
| Decision Date | 16 May 1994 |
| Citation | 611 N.Y.S.2d 657,204 A.D.2d 518 |
| Parties | Burton KLAPPER, Respondent, v. Nancy KLAPPER, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Hashmall, Sheer, Bank & Geist, White Plains (Jay B. Hashmall and Gerald K. Geist, of counsel), for appellant.
Bender & Bodnar, White Plains (Peter O. Bodnar and Lydia A. Milone, of counsel), for respondent.
Before LAWRENCE, J.P., and COPERTINO, ALTMAN and GOLDSTEIN, JJ.
MEMORANDUM BY THE COURT.
In a matrimonial action in which the parties were divorced by judgment dated June 21, 1972, the defendant former wife appeals from an order of the Supreme Court, Westchester County (Donovan, J.), dated May 12, 1992, which, inter alia, after a hearing, (1) granted the plaintiff former husband's cross motion for downward modification of maintenance arrears and prospective maintenance payments to the extent of reducing maintenance to $3,000 per year, effective January 1, 1986, with prospective payments to be made at the rate of $250 per month, and (2) granted the defendant former wife's motion for maintenance arrears only to the extent of awarding her a sum representing the nonpayment by the plaintiff former husband of $3,000 per year.
ORDERED that the order is modified, by (1) deleting the provision thereof granting the plaintiff former husband's cross motion, and (2) deleting the provision thereof which granted the defendant former wife's motion only to the extent of awarding the defendant former wife a sum representing the nonpayment by the plaintiff former husband of $3,000 per year, and substituting therefor a provision granting the motion to the extent of awarding the defendant wife a sum of $12,200 per year effective January 1, 1986, through July 1990; as so modified, the order is affirmed, with costs to the defendant former wife.
Domestic Relations Law § 236(B)(9)(b) provides that, upon the application of a party to a matrimonial action, the court may modify any prior order or judgment as to maintenance, upon a showing of a substantial change of circumstances. The party seeking the modification of a maintenance award has the burden of establishing the existence of a change in circumstances warranting the modification (see, Carr v. Carr, 187 A.D.2d 407, 589 N.Y.S.2d 822). In determining whether there was a substantial change in circumstances sufficient to warrant a downward modification, the change is to be measured by a comparison between the payor's financial circumstances at the...
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