Majority
Order, Family Court, New York County (Mary Bednar, J.), entered on or about September 13,1994, which, insofar as appealed from, denied defendant’s motion for a downward
The wishes of defendant’s second wife that her income no longer be used to pay defendant’s child support obligation is not a change of circumstances warranting a downward modification of support. The court obligated defendant, not his second wife, to pay child support, and if the latter has had a change of heart as to how she wishes family resources to be allocated, then defendant must find some other means of meeting his obligation (see, Hickland v Hickland, 39 NY2d 1 , 6, cert denied 429 US 941 ; Ferlo v Ferlo, 152 AD2d 980 , 980-981). Concur—Rosenberger, J. P., Nardelli, Williams, Tom and Mazzarelli, JJ.
Cases cited
- Hickland v. Hickland 39 NY2d 1 at 6 p. 485
- Ferlo v. Ferlo 152 AD2d 980 at 980-981 p. 485