Panic v. Hert
| Decision Date | 31 January 1994 |
| Citation | 200 A.D.2d 748,607 N.Y.S.2d 86 |
| Parties | In the Matter of Gregory PANIC, Appellant, v. Elke HERT, Respondent. |
| Court | New York Supreme Court — Appellate Division |
Gregory Panic, pro se.
Before THOMPSON, J.P., and ROSENBLATT, RITTER, KRAUSMAN and FRIEDMANN, JJ.
MEMORANDUM BY THE COURT.
In a support proceeding pursuant to Family Court Act article 4, the father appeals from an order of the Family Court, Suffolk County (Silverman, H.E.), dated June 27, 1991, which granted the mother's petition for an upward modification of child support.
ORDERED that the order is affirmed, without costs or disbursements.
Christina Panic was born to Gregory Panic and Elke Hert, an unmarried couple, in 1976. In 1981, Gregory Panic petitioned to establish his paternity of Christina and for visitation, and Hert cross-moved for child support. By order dated July 24, 1981, based on an in-court stipulation, the Family Court, Suffolk County, declared Panic's paternity, set a visitation schedule, and ordered that Panic pay child support of $200 per month. By petition dated August 22, 1990, Hert sought upward modification of child support. After a hearing on June 4, 1991, the Family Court, by order dated June 27, 1991, inter alia, awarded increased child support to the amount of $125 per week, retroactive to August 22, 1990, plus arrears. We affirm.
Where the request for increased child support is predicated on the child's right to receive adequate support, it is sufficient that a change in circumstances has occurred warranting the increase 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), even though the prior support order was based on a stipulation (see, Matter of Brescia v. Fitts, 56 N.Y.2d 132, 451 N.Y.S.2d 68, 436 N.E.2d 518; Brevetti v. Brevetti, 182 A.D.2d 606, 581 N.Y.S.2d 859). The party seeking upward modification must show more than a generalized claim of increased need based on inflation (see, Labita v. Labita, 147 A.D.2d 535, 537 N.Y.S.2d 835). However, the increased cost of living, insofar as it results in greater expenses for the child, may be considered (see, Matter of Brescia v. Fitts, supra, 56 N.Y.2d at 141, 451 N.Y.S.2d 68, 436 N.E.2d 518). Here, the record demonstrated that the inadequacy of the child support required Hert to work 70 to 80 hours a week to support the child, and Hert detailed specific items of increased expense, as well as the respective...
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