Sofia v. Sofia

• Decision Date: 18 June 1990
• Citation: Sofia v. Sofia, 556 N.Y.S.2d 778, 162 A.D.2d 594 (N.Y. App. Div. 1990)
• Parties: Michael SOFIA, Appellant, v. Jeanne SOFIA, Respondent.
• Court: New York Supreme Court — Appellate Division

Page 778

556 N.Y.S.2d 778

162 A.D.2d 594

Michael SOFIA, Appellant, v. Jeanne SOFIA, Respondent.

Supreme Court, Appellate Division Second Department.

June 18, 1990.

Willard H. DaSilva, Garden City (Richard J. Keidel, of counsel), for appellant.

Moran & Brodrick, Garden City (Robert A. Moran, of counsel), for respondent.

Before THOMPSON, J.P., and BROWN, EIBER and MILLER, JJ.

MEMORANDUM BY THE COURT.

In a support proceeding pursuant to Family Court Act article 4, the petitioner husband appeals from an order of the Family Court, Nassau County (Balkin, J.), entered October 4, 1988, which denied his objections to an order of the same court (Bannon, H.E.), dated July 11, 1988, which denied his application for a downward modification of his maintenance and child support obligations pursuant to a separation agreement.

ORDERED that the order is affirmed, with costs.

Contrary to the husband's contention, we find that he did not demonstrate a "material" adverse change in his financial circumstances sufficient, pursuant to the terms of the parties' separation agreement, to warrant a downward modification of his maintenance and child support obligations. Although the record establishes that he lost his position as a financial analyst in September 1987, he continued to receive semimonthly severance payments...