MATTER OF MUSUMECI v. MUSUMECI


295 A.D.2d 516 (2002)

744 N.Y.S.2d 440

In the Matter of CHARLES MUSUMECI, Appellant, v. STACEY MUSUMECI, Respondent. (Proceeding No. 1.) In the Matter of STACEY I. MUSUMECI, Respondent, v. CHARLES MUSUMECI, Appellant. (Proceeding No. 2.)

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

Decided June 17, 2002.


Ordered that the order is affirmed, without costs or disbursements.

The Family Court providently exercised its discretion in denying the father's objections to the order of the hearing examiner, which denied his petition and application, respectively, for downward modification of his child support obligation. Although a petition for downward modification of child support may be granted when a party loses his or her job, it may be denied when the moving party has not...

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