Stock v. Stock
| Court | New York Supreme Court Appellate Division |
| Writing for the Court | WHITE |
| Citation | 609 N.Y.S.2d 431,202 A.D.2d 914 |
| Decision Date | 24 March 1994 |
| Parties | Paul STOCK, Appellant, v. Monique STOCK, Respondent. |
Page 431
v.
Monique STOCK, Respondent.
Third Department.
Page 432
Paul Stock, appellant in person.
John M. Ruti, for respondent.
Before CARDONA, P.J., and MERCURE, WHITE, CASEY and WEISS, JJ.
WHITE, Justice.
Appeals (transferred to this court by order of the Appellate Division, Second Department) (1) from an order of the Supreme Court (Ruskin, J.), entered April 10, 1991 in Westchester County, which partially granted defendant's motion to, inter alia, sequester plaintiff's interest in the parties' former marital residence, (2) from an order of said court, entered March 3, 1992 in Westchester County, which, inter alia, granted defendant's motion for child support arrears, and (3) from an order of said court, entered March 3, 1992 in Westchester County, which, upon reargument, adhered to its prior decision denying plaintiff's motion to modify his child support obligations.
The record shows that after a trial of this marital action involving, inter alia, questions of support and custody, a supplemental judgment of divorce was entered on October 11, 1990. The judgment provided, inter alia, that defendant was to have sole custody of the parties' minor child, then age nine, as well as exclusive possession of the former marital home in Westchester County, which would be sold and the net proceeds distributed equally to the parties when the child reached 18 or completed high school, but in no event beyond the date on which said child attained the age of 19 years. In addition, child support was fixed in the amount of $125 per week to be paid by plaintiff, who also was responsible for one half of all uncovered medical and dental expenses of the child.
The record also indicates that because of a lack of cooperation between the parties, a Sheriff's sale of certain marital property in Dutchess County was ordered to avoid foreclosure. A further court order was also entered which vacated a temporary stay previously obtained by plaintiff of the aforementioned sale. Prior to defendant's motion for sequestration of the marital home in Westchester County, plaintiff signed a confession of judgment in the amount of approximately $75,000 to Louise Lewis. Aside from payments from the now-depleted escrow account resulting from the sale of the Dutchess County property, it appears that plaintiff failed to make voluntary child support payments since December...
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Pancaldo v. Pancaldo
...condition, which were often indefinite, speculative and conclusory, were insufficient to meet his burden (see, Matter of Stock v. Stock, 202 A.D.2d 914, 915, 609 N.Y.S.2d 431). We also note that although respondent is entitled to attempt Page 684 to improve his vocational lot, the courts wi......
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Boice v. Durant
...support (see, Domestic Relations Law § 236[B][9][b]; Matter of Pancaldo v. Pancaldo, 214 A.D.2d 879, 625 N.Y.S.2d 683; Stock v. Stock, 202 A.D.2d 914, 915, 609 N.Y.S.2d 431). Respondent's income has not changed significantly since the parties entered into the separation agreement in 1986 (s......
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Holtzman v. Holtzman
...be meritless. Supreme Court's second order should, therefore, be affirmed. ORDERED that the appeal from order entered April 23, 1992 is [202 A.D.2d 914] ORDERED that the order entered September 1, 1992 is affirmed, with costs. CARDONA, P.J., and MIKOLL, WHITE and YESAWICH, JJ., concur. ...
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Slocum v. Robertson
...change in circumstances warranting a downward modification of child support (see, Stock v. Stock, 202 Page 261 A.D.2d 914, 915, 609 N.Y.S.2d 431). Further, respondent's child support obligation was properly determined on a per-household rather than a per-child basis (see, Buck v. Buck, 195 ......
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Pancaldo v. Pancaldo
...condition, which were often indefinite, speculative and conclusory, were insufficient to meet his burden (see, Matter of Stock v. Stock, 202 A.D.2d 914, 915, 609 N.Y.S.2d 431). We also note that although respondent is entitled to attempt Page 684 to improve his vocational lot, the courts wi......
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Boice v. Durant
...support (see, Domestic Relations Law § 236[B][9][b]; Matter of Pancaldo v. Pancaldo, 214 A.D.2d 879, 625 N.Y.S.2d 683; Stock v. Stock, 202 A.D.2d 914, 915, 609 N.Y.S.2d 431). Respondent's income has not changed significantly since the parties entered into the separation agreement in 1986 (s......
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Holtzman v. Holtzman
...be meritless. Supreme Court's second order should, therefore, be affirmed. ORDERED that the appeal from order entered April 23, 1992 is [202 A.D.2d 914] ORDERED that the order entered September 1, 1992 is affirmed, with costs. CARDONA, P.J., and MIKOLL, WHITE and YESAWICH, JJ., concur. ...
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Slocum v. Robertson
...change in circumstances warranting a downward modification of child support (see, Stock v. Stock, 202 Page 261 A.D.2d 914, 915, 609 N.Y.S.2d 431). Further, respondent's child support obligation was properly determined on a per-household rather than a per-child basis (see, Buck v. Buck, 195 ......