Opinion · Appellate Division of the Supreme Court of the State of New York
Gajewski v. Williams
56 A.D.2d 627
- Type
- Opinion
- Court
- Appellate Division of the Supreme Court of the State of New York
- Jurisdiction
- New York
- Date
- 1977-02-22
- Topic
- general
In a support proceeding, the appeals (by permission) are from two orders of the Family Court, Queens County, dated May 20, 1976 and September 2, 1976, respectively, the first of which modified a prior order by directing appellant to pay "$200 bi-weekly” for the support of two children by a payroll deduction order, and the second of which, upon' a finding that a child had reached her majority, modified the former order to "$100.00 bi-weekly” for the support of one child, and directed the payment of an additional "$50.00 bi-weekly until the arrears have been fully paid.” Orders reversed, on the law, without costs or disbursements, and proceeding remanded to the Family Court for a new hearing in accordance herewith. The payroll deduction order of September 3, 1976 is to continue in force pending the final determination of the support proceeding in the Family *628Court. The record of the proceedings in the Family Court contains insufficient evidence to sustain the orders. Before a support order can be modified there must be a determination, after a full and fair hearing, that the parties’ relative situations had changed since the original support order was made (see Matter of Reynolds v Reynolds, 50 AD2d 993; Matter of Amicucci v Moore, 42 AD2d 701). A determination should also be made of the arrears outstanding between the years of 1972 to 1976.
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- Cited by
- 3 opinions
In a support proceeding, the appeals (by permission) are from two orders of the Family Court, Queens County, dated May 20, 1976 and September 2, 1976, respectively, the first of which modified a prior order by directing appellant to pay "$200 bi-weekly” for the support of two children by a payroll deduction order, and the second of which, upon' a finding that a child had reached her majority, modified the former order to "$100.00 bi-weekly” for the support of one child, and directed the payment of an additional "$50.00 bi-weekly until the arrears have been fully paid.” Orders reversed, on the law, without costs or disbursements, and proceeding remanded to the Family Court for a new hearing in accordance herewith. The payroll deduction order of September 3, 1976 is to continue in force pending the final determination of the support proceeding in the Family