Silver v. Reiss
| Court | New York Supreme Court Appellate Division |
| Citation | 74 A.D.3d 1441,902 N.Y.S.2d 700 |
| Parties | In the Matter of Gregory L. SILVER, Respondent, v. Kathryn M. REISS, Appellant. |
| Decision Date | 03 June 2010 |
74 A.D.3d 1441
In the Matter of Gregory L. SILVER, Respondent,
v.
Kathryn M. REISS, Appellant.
Supreme Court, Appellate Division, Third Department, New York.
June 3, 2010.
David D. Scaglione, Essex County Department of Social Services, Elizabethtown, for appellant.
Judith A. Pareira, Saranac Lake, for respondent.
Before: PETERS, J.P., ROSE, STEIN, McCARTHY and GARRY, JJ.
ROSE, J.
Appeal from an order of the Family Court of Essex County (Meyer, J.), entered December 17, 2008, which granted
In November 2005, the parties stipulated that the child support obligation of petitioner (hereinafter the father) would be based upon imputed annual income of $28,667. Although the father was then essentially unemployed, two years earlier his income from a business of respondent (hereinafter the mother) had been approximately $60,000. Based on that prior income and the father's hopes for future employment, the parties agreed to his annual income and the corresponding child support amount. This agreement was later incorporated, but not merged, into a judgment of divorce. In 2007, after the father's attempts to obtain steady employment failed, he petitioned for a downward modification of child support. The Support Magistrate dismissed the petition for the father's failure to show a sufficient change in circumstances, but Family Court reversed that determination and reduced the amount of child support after finding a sufficient change in circumstances in the father's unsuccessful efforts to obtain employment and the depletion of his other financial resources. The mother appeals, arguing that because the father had been unemployed when he stipulated to the amount of child support, his continued unemployment does not constitute an unanticipated change in circumstances.
We affirm. The parent seeking modification of an agreed-upon child support order has the burden to "establish a sufficient change in circumstances warranting the requested downward modification" ( Matter of Heyn v. Burr, 6 A.D.3d 781, 782, 774 N.Y.S.2d 203 [2004] ). A parent's inability to secure new work after losing employment may constitute an unanticipated and unreasonable change of circumstances where the award of support was premised upon a particular amount of income ( see e.g. Matter of Perry v....
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...when, despite diligent [927 N.Y.S.2d 700] efforts, a party fails to find new employment after a job loss ( see Matter of Silver v. Reiss, 74 A.D.3d 1441, 1442, 902 N.Y.S.2d 700 [2010]; Matter of Freedman v. Horike, 26 A.D.3d 680, 682, 809 N.Y.S.2d 649 [2006]; see also Jelfo v. Jelfo, 81 A.D......
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Gharachorloo v. Regeer, 2019–00841
...132 A.D.3d 739, 741, 17 N.Y.S.3d 778 ; Matter of Fragola v. Alfaro, 45 A.D.3d 684, 686, 845 N.Y.S.2d 437 ; cf. Matter of Silver v. Reiss, 74 A.D.3d 1441, 1441–1442, 902 N.Y.S.2d 700 ). Furthermore, the record does not support the father's claim that his savings were depleted by the payment ......
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Henderson v. MacCarrick
..."recommendation" was erroneous, the attorney's submission to the court was in the nature of a closing argument, as were the submissions of74 A.D.3d 1441the parents' attorneys, and was not ex parte. Thus, the child's attorney permissibly made his position known ( see Matter of Rueckert v. Re......
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Milton v. Tormey-Milton,
...change in circumstances where the award of support was premised upon a particular amount of income (see Matter of Silver v. Reiss, 74 A.D.3d 1441, 902 N.Y.S.2d 700 ; Matter of Perry v. Pica, 22 A.D.3d 903, 904, 802 N.Y.S.2d 772 ; Matter of Mancini v. Borowicz, 271 A.D.2d 789, 791, 705 N.Y.S......
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Cheney v. Cheney
...when, despite diligent [927 N.Y.S.2d 700] efforts, a party fails to find new employment after a job loss ( see Matter of Silver v. Reiss, 74 A.D.3d 1441, 1442, 902 N.Y.S.2d 700 [2010]; Matter of Freedman v. Horike, 26 A.D.3d 680, 682, 809 N.Y.S.2d 649 [2006]; see also Jelfo v. Jelfo, 81 A.D......
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Henderson v. MacCarrick
..."recommendation" was erroneous, the attorney's submission to the court was in the nature of a closing argument, as were the submissions of74 A.D.3d 1441the parents' attorneys, and was not ex parte. Thus, the child's attorney permissibly made his position known ( see Matter of Rueckert v. Re......
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Gharachorloo v. Regeer
...132 A.D.3d 739, 741, 17 N.Y.S.3d 778 ; Matter of Fragola v. Alfaro, 45 A.D.3d 684, 686, 845 N.Y.S.2d 437 ; cf. Matter of Silver v. Reiss, 74 A.D.3d 1441, 1441–1442, 902 N.Y.S.2d 700 ). Furthermore, the record does not support the father's claim that his savings were depleted by the payment ......
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