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MATTER OF CAPPELLO v. CAPPELLO

202 A.D.2d 165 (1994)

608 N.Y.S.2d 190

In the Matter of Anita Cappello, Respondent, v. Carl W. Cappello, Sr., Appellant

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

March 1, 1994

Although modification of a pre-existing support order requires the petitioner to demonstrate that an unforeseen change in circumstances warrants a modification in the best interests of the children (see, Matter of Brescia v Fitts, 56 N.Y.2d 132, 139-141), that rule is inapplicable to the instant situation as the parties' 1980 child support agreement, which respondent violated in 1989, was not an enforceable order but an informal...

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