McCormick v. McCormick, 97 A.D.3d 682 (N.Y. App. Div. 2012). · Go Syfert
McCormick v. McCormick, 97 A.D.3d 682 (N.Y. App. Div. 2012). Cases Citing This Book View Copy Cite
6 citation events (6 in the last 25 years) across 1 distinct court.
Strongest positive: Yezzi v. Small (nyappdiv, 2022-06-30)
Top citers, strongest first. 5 distinct citers. How cited ↗
discussed Cited as authority (rule) Yezzi v. Small
N.Y. App. Div. · 2022 · confidence medium
In light of the foregoing, and paying due deference to Supreme Court's credibility determinations ( see Matter of Terry I. v Barbara H. , 69 AD3d 1146, 1147 [2010]), we find that the record supports the court's determination that the mother demonstrated a substantial change in circumstances to justify a modification of child support ( see Matter of Gravlin v Ruppert , 98 NY2d 1, 6 [2002]; Matter of McCormick v McCormick , 97 AD3d 682, 683 [2012]).
discussed Cited as authority (rule) Yezzi v. Small
N.Y. App. Div. · 2022 · confidence medium
In light of the foregoing, and paying due deference to Supreme Court's credibility determinations ( see Matter of Terry I. v Barbara H. , 69 AD3d 1146, 1147 [2010]), we find that the record supports the court's determination that the mother demonstrated a substantial change in circumstances to justify a modification of child support ( see Matter of Gravlin v Ruppert , 98 NY2d 1, 6 [2002]; Matter of McCormick v McCormick , 97 AD3d 682, 683 [2012]).
discussed Cited "see" Gallagher v. Gallagher
N.Y. App. Div. · 2013 · signal: see · confidence high
We agree with the mother that “the complete breakdown in the visitation arrangement, which effectively extinguished [the father’s] support obligation, constituted an unanticipated change in circumstances that created the need for modification of the child support obligations” (Matter of Gravlin v Ruppert, 98 NY2d 1, 6 [2002]; see Matter of McCormick v McCormick, 97 AD3d 682, 683 [2012]; Matter of Joslin v Sullivan, 12 AD3d 1070, 1070 [2004]).
discussed Cited "see" GALLAGHER, LISA A. v. GALLAGHER, MICHAEL T.
N.Y. App. Div. · 2013 · signal: see · confidence high
We agree with the mother that “the complete breakdown in the -2- 951 CAF 13-00206 visitation arrangement, which effectively extinguished [the father’s] support obligation, constituted an unanticipated change in circumstances that created the need for modification of the child support obligations” (Matter of Gravlin v Ruppert, 98 NY2d 1, 6 ; see Matter of McCormick v McCormick, 97 AD3d 682, 683 ; Matter of Joslin v Sullivan, 12 AD3d 1070, 1070 ).
discussed Cited "see" Gallagher v. Gallagher
N.Y. App. Div. · 2013 · signal: see · confidence high
We agree with the mother that “the complete breakdown in the visitation arrangement, which effectively extinguished [the father’s] support obligation, constituted an unanticipated change in circumstances that created the need for modification of the child support obligations” (Matter of Gravlin v Ruppert, 98 NY2d 1, 6 [2002]; see Matter of McCormick v McCormick, 97 AD3d 682, 683 [2012]; Matter of Joslin v Sullivan, 12 AD3d 1070, 1070 [2004]).
Retrieving the full opinion text from the archive…
In the Matter of Jill McCormick
v.
Jeffrey McCormick
Appellate Division of the Supreme Court of the State of New York.
Jul 11, 2012.
97 A.D.3d 682
Cited by 6 opinions  |  Published

“When a party seeks to modify the child support provision of a prior order or judgment, including an order or judgment incorporating without merging an agreement or stipulation of the parties, he or she must demonstrate a substantial change in circumstances” (Matter of Malbin v Martz, 88 AD3d 715, 716[*683] [2011]; see Domestic Relations Law § 236 [B] [9] [b] [2] [i]; Matter of Brescia v Fitts, 56 NY2d 132, 140-141 [1982]). Contrary to the Family Court’s determination, here, the mother established that an increase in the father’s child support obligation was warranted by a change in circumstances (see Matter of Gravlin v Ruppert, 98 NY2d 1, 3-6 [2002]). Specifically, the substantial reduction in the father’s visitation with the child, which significantly reduced the amount of money the father was required to spend on the child, “constituted an unanticipated change in circumstances that created the need for modification of the child support obligations” (id. at 6). A “needs of the child” analysis was not necessary in this case the (id. at 5). Furthermore, contrary to the Family Court’s conclusion, the child’s derivative Social Security benefits may not serve as a credit against the father’s child support obligation (see Matter of Bouie v Joseph, 91 AD3d 641, 642 [2012]; Matter of Jones v Smith, 59 AD3d 546, 547 [2009]).

Accordingly, we reverse the order entered September 1, 2010, sustain the mother’s objections to the order entered July 23, 2009, vacate that order, and remit the matter to the Family Court, Orange County, for a new determination of appropriate child support. Angiolillo, J.P., Dickerson, Leventhal and Chambers, JJ., concur.