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Ross v. Ross

297 A.D.2d 286 Court N.Y. App. Div. Decision date 2002-08-05 English

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p. 286
In the Matter of Cheryl I. Ross, Respondent, v David M. Ross, Appellant.
[745 NYS2d 917]
p. 287
The father’s cross petition sought a downward modification of his support obligations under a judgment of divorce which is subject to the terms of a separation agreement that was incorporated but not merged into the judgment. Under such circumstances, the father must demonstrate “extreme hardship” (Matter of Cohen v Seletsky, 142 AD2d 111 , 112; see Domestic Relations Law § 236 [B] [9] [b]). The Family Court properly determined that the father failed to do so (see Clark v Clark, 280 AD2d 575 ; Mishrick v Mishrick, 251 AD2d 558 ).

The father’s remaining contentions are without merit. Prudenti, P.J., Smith, Friedmann and Adams, JJ., concur.

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