Strahl v. Strahl
| Decision Date | 08 May 1980 |
| Parties | , 407 N.E.2d 479 Martin STRAHL, Respondent, v. Leila STRAHL, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
Fabian G. Palomino, Brooklyn, for appellant.
William F. Reilly and Sheila Riesel, New York City, for respondent.
The order of the Appellate Division, 66 A.D.2d 571, 414 N.Y.S.2d 184 should be affirmed, with costs, for the reasons stated in the opinion by Mr. Justice Vito J. Titone at the Appellate Division. We note, however, that our holding in this case should not be construed to represent tacit approval of that aspect of the Appellate Division's decision which suggested that an individual's obligation to support his or her children pursuant to a divorce decree may be modified by conditioning it upon the custodial parent's compliance with a court order or agreement regulating visitation privileges (cf. Borax v. Borax, 4 N.Y.2d 113, 172 N.Y.S.2d 805, 149 N.E.2d 326). Although we find no ground for reversal in this case, we prefer to leave open the question whether such a modification, under different circumstances, might constitute an abuse of discretion.
Order affirmed, with costs, in a memorandum.
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