LEE v. LEE

1567

68 A.D.3d 622 (2009)

2009 NY Slip Op 9529

891 N.Y.S.2d 379

DONALD LEE, Respondent, v. ELIZABETH LEE, Appellant.

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

Decided December 22, 2009.


The downward modification of spousal maintenance was improperly granted as the record does not support the finding that petitioner demonstrated a "substantial change in financial circumstances" as required in the parties' stipulation with respect to maintenance, which was merged into the judgment of divorce. Indeed, petitioner's current overall income is greater than his income at the time of the divorce and he continues to maintain a lavish lifestyle (see McCarthy v McCarthy...

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