Tripi v. Faiello
| Citation | 195 A.D.2d 958,600 N.Y.S.2d 876 |
| Parties | Matter of Dolores TRIPI, Respondent, v. Anthony FAIELLO, Appellant. |
| Decision Date | 16 July 1993 |
| Court | New York Supreme Court Appellate Division |
Joseph A. Giorgi, Rochester, for appellant.
Gough, Skipworth, Summers, Eves & Trevett by James Valenti, Rochester, for respondent.
Before DENMAN, P.J., and BALIO, LAWTON, DOERR and BOEHM, JJ.
Family Court erred in granting petitioner's request for an upward modification of child support. Petitioner's proof failed to establish either an unanticipated and unreasonable change of circumstances (see, Boden v. Boden, 42 N.Y.2d 210, 213, 397 N.Y.S.2d 701, 366 N.E.2d 791), or that the child's needs were not being adequately met (see, Brescia v. Fitts, 56 N.Y.2d 132, 140, 451 N.Y.S.2d 68, 436 N.E.2d 518; Matter of LeMoyne v. Story, 193 A.D.2d 1067, 600 N.Y.S.2d 649; Labita v. Labita, 147 A.D.2d 535, 537 N.Y.S.2d 835). An increase in child support is not warranted simply because respondent is now making more money or because petitioner has moved into a more expensive home (see, Matter of Rogers v. Bittner, 181 A.D.2d 990, 581 N.Y.S.2d 945; Matter of Popp v. Raitano, 167 A.D.2d 404, 561 N.Y.S.2d 813). Petitioner failed to provide any proof regarding the increased needs of the child; her generalized claims that the child's needs have increased as the child has matured do not warrant an upward modification of support (see, Labita v. Labita, supra ).
Family Court's award of counsel fees also was improper. Where, as here, a party opposes an award of counsel fees, "the affirmations of counsel alone will not suffice" to support such award (Matter of Joan Marie D. v. Harold G., 155 A.D.2d 457, 458, 547 N.Y.S.2d 116). "Rather, the reasonable amount and nature of the claimed services must be established at an adversarial hearing" (Matter of Joan Marie D. v. Harold G., supra at 458, 547 N.Y.S.2d 116; see also, Price v. Price, 115 A.D.2d 530, 496 N.Y.S.2d 464; Weinberg v. Weinberg, 95 A.D.2d 828, 464 N.Y.S.2d 20). We therefore remit the matter for a hearing on the issue of counsel fees.
Order unanimously reversed on the law without costs and matter remitted to Monroe County Family Court for further proceedings.
To continue reading
Request your trial
-
Sorrentino v. Sorrentino
...... general rule that an increase in child support is not warranted simply because the noncustodial parent is now making more money (see, Matter of Tripi v. Faiello, 195 A.D.2d 958, 600 N.Y.S.2d 876, lv. dismissed 82 N.Y.2d 803, 604 N.Y.S.2d 560, 624 N.E.2d 698; Matter of Rogers v. Bittner, 181 A.D.2d ......
-
Kinsella v. Kinsella
......Tuchrello, 204 A.D.2d 1020, 613 N.Y.S.2d 86; Webb v. Webb, 197 A.D.2d 847, 602 N.Y.S.2d 275; Matter of Tripi v. Faiello, 195 A.D.2d 958, 600 N.Y.S.2d 876, appeal dismissed 82 N.Y.2d 803, 604 N.Y.S.2d 560, 624 N.E.2d 698; Labita v. Labita, 147 A.D.2d 535, ......
-
Bickwid v. Deutsch
...... on the reasonable amount and nature of counsel fees because the affirmations of counsel are insufficient to support the award (see, Matter of Tripi v. Faiello, 195 A.D.2d 958, 600 N.Y.S.2d 876). It is well settled that, to the extent a party has made payments pursuant to an agreement, that ......
- Rochester Gas & Elec. Corp. v. Greece Park Realty Corp.