MATTER OF ROGERS v. BITTNER


181 A.D.2d 990 (1992)

In the Matter of Sharyn G. Rogers, Appellant, v. Gary S. Bittner, Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

March 13, 1992


Order unanimously affirmed with costs.

Memorandum:

In this proceeding to modify the child support provisions of a divorce decree, the Hearing Examiner erred in holding that petitioner was obligated to prove unforeseen and unanticipated circumstances. Because the support provisions were not embodied in a separation agreement, petitioner had to demonstrate only a change in circumstances that would warrant modification in the best interests of the child (Family...

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