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MATTER OF COMM'R OF SOC SERVS. OF THE CITY OF NEW YORK v. CURRIE

182 A.D.2d 433 (1992)

In the Matter of Commissioner of Social Services of the City of New York, on Behalf of Barbara Jacobs, Appellant, v. William Currie, Respondent In the Matter of Commissioner of Social Services of the City of New York, on Behalf of Lisa Costello, Appellant, v. Alfonso Maldonado, Respondent

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

April 9, 1992

These two unrelated petitions present the same legal issue: whether, on a petition for upward modification of a child support award, where the family is receiving public assistance, the petitioner must show an increase in the child's needs in addition to an increase in the respondent parent's income. We hold that neither the relevant statutes nor decisional law imposes such a requirement, and accordingly, reverse (see, Family Ct Act §§ 413, 415; see generally...

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