Miller v. Davis
| Decision Date | 28 October 1991 |
| Citation | 176 A.D.2d 945,575 N.Y.S.2d 681 |
| Parties | In the Matter of Cecille MILLER, Respondent, v. Melvyn J. DAVIS, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Leonard B. Austin, P.C., Mitchel Field, for appellant.
Before THOMPSON, J.P., and KUNZEMAN, LAWRENCE and MILLER, JJ.
MEMORANDUM BY THE COURT.
In a proceeding for the upward modification of an award of child support, the father appeals from an order of the Family Court, Nassau County (DeMaro, J.), entered March 15, 1991, which denied his objections to an order of the same court (Bannon, H.E.), which, after a hearing, increased his weekly child support obligation from the sum of $38 to the sum of $131 per week, and directed him to pay an additional $14 per week to satisfy arrears.
ORDERED that the order entered March 15, 1991, is affirmed, without costs or disbursements.
Based upon a change in circumstances, the petitioner mother, appearing pro se, sought the upward modification of an award of child support set five years previously. After hearing the witnesses and evaluating the evidence submitted, the Hearing Examiner determined that a change in circumstances warranting an increase in child support had, indeed, occurred, and applied the Child Support Standards Act to arrive at the appropriate amount (see, Family Ct. Act § 413). The Family Court Judge concurred with the Hearing Examiner's findings.
A review of the record reveals that the petitioner met her burden of establishing the change in circumstances warranting an increase in support in the best interests of the child (see, Matter of Michaels v. Michaels, 56 N.Y.2d 924, 926, 453 N.Y.S.2d 605, 439 N.E.2d 321; Matter of Brescia v. Fitts, 56 N.Y.2d 132, 140-141, 451 N.Y.S.2d 68, 436 N.E.2d 518). The petitioner testified to specific increases in the costs related to the child's basic necessities of food, shelter, clothing and medical and dental needs, as well as to the expenses associated with the child's varied interests and school activities. She provided the specific dollar amounts of the increases for many items, rather than relying on generalized claims of increases due to the child's maturity or inflation (see, Labita v. Labita, 147 A.D.2d 535, 536, 537 N.Y.S.2d 835; Deacutis v. Cuomo, 79 A.D.2d 595, 433 N.Y.S.2d 566).
Regarding the father's claim that his increased expenses prevented him, in the absence of a concomitant increase in income, from contributing more toward his child's support, the court...
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