MATTER OF BENWARD v. BENWARD


307 A.D.2d 291 (2003)

762 N.Y.S.2d 284

In the Matter of SHERYL BENWARD, Respondent, v. MICHAEL BENWARD, Appellant.

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

Decided July 14, 2003.


Ordered that the order is affirmed, with costs.

As a party seeking a downward modification of child support, the father had the burden of establishing an unanticipated and unreasonable change of circumstance (see Matter of Boden v Boden, 42 N.Y.2d 210, 213 [1977]; Matter of Heverin v Sackel, 239 A.D.2d 418 [1997]). The record supports the determination of the Family Court that the...

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