STRAHL v. STRAHL


49 N.Y.2d 1036 (1980)

Martin Strahl, Respondent, v. Leila Strahl, Appellant.

Court of Appeals of the State of New York.

Decided May 8, 1980.


Attorney(s) appearing for the Case

Fabian G. Palomino for appellant.

William F. Reilly and Sheila Riesel for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.


MEMORANDUM.

The order of the Appellate Division 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). 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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