Gansky v. Gansky, 103 A.D.3d 894 (N.Y. App. Div. 2013). · Go Syfert
Gansky v. Gansky, 103 A.D.3d 894 (N.Y. App. Div. 2013). Cases Citing This Book View Copy Cite
45 citation events (45 in the last 25 years) across 2 distinct courts.
Strongest positive: Matter of Rizzo v. Spear (nyappdiv, 2017-07-26)
Treatment trajectory · 2013 → 2026 · click a year to view as-of
2013 2019 2026
Top citers, strongest first. 29 distinct citers. How cited ↗
discussed Cited as authority (rule) Matter of Rizzo v. Spear
N.Y. App. Div. · 2017 · confidence medium
On appeal, deference should be given to the credibility determinations of the Support Magistrate, who was in the best position to evaluate the credibility of witnesses (see Matter of Rubenstein v Rubenstein, 114 AD3d 798, 798 [2014]; Matter of Gansky v Gansky, 103 AD3d 894, 895 [2013]).
discussed Cited as authority (rule) Matter of Addimando v. Huerta
N.Y. App. Div. · 2017 · confidence medium
Further, the evidence at the hearing failed to demonstrate that the father made sufficient attempts to maintain a relationship with the children, or that the children actively abandoned their relationship with him (see Matter of Gansky v Gansky, 103 AD3d 894, 896 [2013]; Schulman v Schulman, 101 AD3d 1098, 1099 [2012]; Matter of Gold v Fisher, 59 AD3d at 444 ).
discussed Cited as authority (rule) Matter of Hezi v. Hezi
N.Y. App. Div. · 2016 · confidence medium
The father also failed to demonstrate that the subject child has been constructively emancipated (see Matter of Gansky v Gansky, 103 AD3d 894, 895 [2013]; Matter of Glen L.S. v Deborah A.S., 89 AD3d 856, 857 [2011]).
discussed Cited as authority (rule) O'Rourke v. O'Rourke
N.Y. App. Div. · 2016 · confidence medium
“It is fundamental public policy in New York that parents [of minor children] are responsible for their children’s support until age 21” (Matter of Gold v Fisher, 59 AD3d 443, 444 [2009]; see Family Ct Act § 413; Matter of Barlow v Barlow, 112 AD3d 817, 818 [2013]; Matter of Gansky v Gansky, 103 AD3d 894, 895 [2013]; Schulman v Schulman, 101 AD3d 1098, 1099 [2012]).
discussed Cited as authority (rule) Matter of Malloy v. O'Gorman
N.Y. App. Div. · 2016 · confidence medium
Here, the Family Court correctly concluded that the father failed to meet his burden of proving that the child was constructively emancipated from him (see Matter of Gansky v Gansky, 103 AD3d 894, 896 [2013]; Matter of Gold v Fisher, 59 AD3d at 444 ).
discussed Cited as authority (rule) DelSignore v. DelSignore
N.Y. App. Div. · 2015 · confidence medium
Inasmuch “[a]s the Support Magistrate’s findings were based on credibility determinations and supported by the record, they should not be disturbed” (Matter of Gansky v Gansky, 103 AD3d 894, 895 [2013]).
discussed Cited as authority (rule) DelSignore v. DelSignore
N.Y. App. Div. · 2015 · confidence medium
Inasmuch “[a]s the Support Magistrate’s findings were based on credibility determinations and supported by the record, they should not be disturbed” (Matter of Gansky v Gansky, 103 AD3d 894, 895 [2013]).
examined Cited as authority (rule) Matter of McCarthy v. McCarthy (3×) also: Cited "see"
N.Y. App. Div. · 2015 · confidence medium
“It is fundamental public policy in New York that parents are responsible for their children’s support until age 21” (Matter of Gansky v Gansky, 103 AD3d 894, 895 [2013] [internal quotation marks omitted]; see Family Ct Act § 413 [1] [a]).
discussed Cited as authority (rule) Matter of Luca v. Zito
N.Y. App. Div. · 2014 · confidence medium
The father failed to meet his burden of establishing a substantial change in circumstances warranting a downward modification (see Matter of Nenninger v Tonnessen, 113 AD3d 619 [2014]; Matter of Gansky v Gansky, 103 AD3d 894, 895 [2013]; Matter of Solis v Marmolejos, 50 AD3d 691, 692 [2008]).
discussed Cited as authority (rule) Matter of Justin v. Justin
N.Y. App. Div. · 2014 · confidence medium
“To establish entitlement to a downward modification of a child support order, a party has the burden of showing that there has been a substantial change in circumstances” (Matter of Gansky v Gansky, 103 AD3d 894, 895 [2013]; see Matter of *1418 Kasun v Peluso, 82 AD3d 769, 771 [2011]; Matter of Brennan v Burger, 63 AD3d 922, 923 [2009]).
discussed Cited as authority (rule) Serrao v. Grant
N.Y. App. Div. · 2014 · confidence medium
To establish entitlement to a downward modification of a child support order, a party has the burden of showing that there has been a substantial change in circumstances (see Matter of Rottman v Coull, 112 AD3d 839, 840 [2013]; Matter of Gansky v Gansky, 103 AD3d 894, 895 [2013]).
discussed Cited as authority (rule) Serrao v. Grant
N.Y. App. Div. · 2014 · confidence medium
To establish entitlement to a downward modification of a child support order, a party has the burden of showing that there has been a substantial change in circumstances (see Matter of Rottman v Coull, 112 AD3d 839, 840 [2013]; Matter of Gansky v Gansky, 103 AD3d 894, 895 [2013]).
discussed Cited as authority (rule) Jurgielewicz v. Johnston
N.Y. App. Div. · 2014 · confidence medium
“It is fundamental public policy in New York that parents are responsible for their children’s support until age 21” (Matter of Gold v Fisher, 59 AD3d 443, 444 [2009]; see Family Ct Act § 413; Matter of Barlow v Barlow, 112 AD3d 817 [2013]; Matter of Gansky v Gansky, 103 AD3d 894, 895 [2013]; Schulman v Schulman, 101 AD3d 1098, 1099 [2012]; Matter of Glen L.S. v Deborah A.S., 89 AD3d 856, 857 [2011]).
discussed Cited as authority (rule) Jurgielewicz v. Johnston
N.Y. App. Div. · 2014 · confidence medium
“It is fundamental public policy in New York that parents are responsible for their children’s support until age 21” (Matter of Gold v Fisher, 59 AD3d 443, 444 [2009]; see Family Ct Act § 413; Matter of Barlow v Barlow, 112 AD3d 817 [2013]; Matter of Gansky v Gansky, 103 AD3d 894, 895 [2013]; Schulman v Schulman, 101 AD3d 1098, 1099 [2012]; Matter of Glen L.S. v Deborah A.S., 89 AD3d 856, 857 [2011]).
discussed Cited as authority (rule) Rottman v. Coull
N.Y. App. Div. · 2013 · confidence medium
“To establish entitlement to a downward modification of a child support order, a party has the burden of showing that there has been a substantial change in circumstances” (Matter of Gansky v Gansky, 103 AD3d 894, 895 [2013]; see Matter of Kasun v Peluso, 82 AD3d 769, 771 [2011]).
discussed Cited as authority (rule) Rottman v. Coull
N.Y. App. Div. · 2013 · confidence medium
“To establish entitlement to a downward modification of a child support order, a party has the burden of showing that there has been a substantial change in circumstances” (Matter of Gansky v Gansky, 103 AD3d 894, 895 [2013]; see Matter of Kasun v Peluso, 82 AD3d 769, 771 [2011]).
discussed Cited as authority (rule) Ippolito v. Uriarte
N.Y. App. Div. · 2013 · confidence medium
The Support Magistrate’s credibility finding is supported by the record and should not be disturbed (see Matter of Gansky v Gansky, 103 AD3d 894, 895 [2013]; Matter of Penninipede v Penninipede, 6 AD3d 445, 446-447 [2004]).
discussed Cited as authority (rule) Ippolito v. Uriarte
N.Y. App. Div. · 2013 · confidence medium
The Support Magistrate’s credibility finding is supported by the record and should not be disturbed (see Matter of Gansky v Gansky, 103 AD3d 894, 895 [2013]; Matter of Penninipede v Penninipede, 6 AD3d 445, 446-447 [2004]).
discussed Cited as authority (rule) Bechette v. Feraud
N.Y. App. Div. · 2013 · confidence medium
The Support Magistrate properly denied the father’s petition for a downward modification of his child support obligation because he failed to demonstrate a substantial change in circumstances warranting the modification (see Matter of Grucci v Villanti, 108 AD3d 626 [2013]; Matter of Rabasco v Lamar, 106 AD3d 1095 [2013], lv denied 21 NY3d 1051 [2013]; Matter of Gansky v Gansky, 103 AD3d 894, 895 [2013]). “ ‘A parent’s child support obligation is not necessarily determined by his or her current financial condition, but rather by his or her ability to provide support’ ” (Matter of S…
discussed Cited as authority (rule) Bechette v. Feraud
N.Y. App. Div. · 2013 · confidence medium
The Support Magistrate properly denied the father’s petition for a downward modification of his child support obligation because he failed to demonstrate a substantial change in circumstances warranting the modification (see Matter of Grucci v Villanti, 108 AD3d 626 [2013]; Matter of Rabasco v Lamar, 106 AD3d 1095 [2013], lv denied 21 NY3d 1051 [2013]; Matter of Gansky v Gansky, 103 AD3d 894, 895 [2013]). “ ‘A parent’s child support obligation is not necessarily determined by his or her current financial condition, but rather by his or her ability to provide support’ ” (Matter of S…
discussed Cited as authority (rule) Vasquez v. Powell
N.Y. App. Div. · 2013 · confidence medium
“To establish entitlement to a downward modification of a child support order, a party has the burden of showing that there has been a substantial change in circumstances” (Matter of Gansky v Gansky, 103 AD3d 894, 895 [2013]).
discussed Cited as authority (rule) Vasquez v. Powell
N.Y. App. Div. · 2013 · confidence medium
“To establish entitlement to a downward modification of a child support order, a party has the burden of showing that there has been a substantial change in circumstances” (Matter of Gansky v Gansky, 103 AD3d 894, 895 [2013]).
discussed Cited as authority (rule) Trepel v. Trepel
N.Y. Sup. Ct. · 2013 · confidence medium
“The burden of proof as to emancipation is on the party asserting it.” (Matter of Gansky v Gansky, 103 AD3d 894, 895-896 [2d Dept 2013].) Neither party has proffered, nor can the court find, any case construing this provision, as opposed to those referencing a change of permanent residence.
discussed Cited "see" Matter of Patscot v. Fisco
N.Y. App. Div. · 2018 · signal: see · confidence high
"On appeal, deference should be given to the credibility determinations of the Support Magistrate, who was in the best position to evaluate the credibility of the witnesses" ( Matter of Rubenstein v Rubenstein , 114 AD3d at 798; see Matter of Gansky v Gansky , 103 AD3d 894, 895 ; Matter of Suyunov v Tarashchansky , 98 AD3d at 745 ).
discussed Cited "see" MELGAR, EILEEN v. MELGAR, LUIS
N.Y. App. Div. · 2015 · signal: see · confidence high
However, “where it is the parent who causes a breakdown in communication with the child, or has made no serious effort to contact the child and exercise his or her visitation rights, the child will not be deemed to have abandoned the parent” (Barlow, 112 AD3d at 818 ; see Matter of Gansky v Gansky, 103 AD3d 894, 895 ; Thomas B., 69 AD3d at 28 ).
discussed Cited "see" Melgar v. Melgar
N.Y. App. Div. · 2015 · signal: see · confidence high
However, “where it is the parent who causes a breakdown in communication with the child, or has made no serious effort to contact the child and exercise his or her visitation rights, the child will not be deemed to have abandoned the parent” (Barlow, 112 AD3d at 818 ; see Matter of Gansky v Gansky, 103 AD3d 894, 895 [2013]; Thomas B., 69 AD3d at 28 ).
discussed Cited "see" Melgar v. Melgar
N.Y. App. Div. · 2015 · signal: see · confidence high
However, “where it is the parent who causes a breakdown in communication with the child, or has made no serious effort to contact the child and exercise his or her visitation rights, the child will not be deemed to have abandoned the parent” (Barlow, 112 AD3d at 818 ; see Matter of Gansky v Gansky, 103 AD3d 894, 895 [2013]; Thomas B., 69 AD3d at 28 ).
discussed Cited "see" Matter of Rolko v. Intini
N.Y. App. Div. · 2015 · signal: see · confidence high
“On appeal, deference should be given to the credibility determinations of the Support Magistrate, who was in the best position to evaluate the credibility of the witnesses” (Matter of Rubenstein v Rubenstein, 114 AD3d at 798; see Matter of Gansky v Gansky, 103 AD3d 894, 895 [2013]; Matter of Suyunov v Tarashchansky, 98 AD3d at 745 ).
discussed Cited "see" Matter of Lew v. Sobel
N.Y. App. Div. · 2014 · signal: see · confidence high
“It is fundamental public policy in New York that parents are responsible for their children’s support until age 21” (Matter of Barlow v Barlow, 112 AD3d 817, 818 [2013]; see Matter of Gansky v Gansky, 103 AD3d 894, 895 [2013]; Schulman v Schulman, 101 AD3d 1098, 1099 [2012]; Matter of Glen L.S. v Deborah A.S., 89 AD3d 856, 857 [2011]).
Retrieving the full opinion text from the archive…
In the Matter of Andrea Gansky
v.
James Gansky
Appellate Division of the Supreme Court of the State of New York.
Feb 27, 2013.
103 A.D.3d 894
Cited by 40 opinions  |  Published

In a child support proceeding pursuant to Family Court Act article 4, the father appeals from (1) an order of the Family Court, Suffolk County (Genchi, J.), dated October 7, 2011, which denied his objections to an order of the same court (Buse, S.M.), dated July 28, 2011, which, after a hearing, dismissed his petition for a downward modification of his child support obligation, and (2) an order of the same court (Cheng, J.), dated March 27, 2012, which, after a hearing, denied that branch of his subsequent petition which was to terminate his child support obligation on the ground of constructive emancipation.

Ordered that the orders dated October 7, 2011, and March 27, 2012, are affirmed, without costs or disbursements.

[*895] To establish entitlement to a downward modification of a child support order, a party has the burden of showing that there has been a substantial change in circumstances (see Matter of Kasun v Peluso, 82 AD3d 769, 771 [2011]; Matter of Brennan v Burger, 63 AD3d 922, 923 [2009]). The credibility determinations of a Family Court support magistrate, who is in the best position to hear and evaluate the credibility of the witnesses, are entitled to deference (see Matter of Kennedy v Ventimiglia, 73 AD3d 1066 [2010]; Matter of Cordero v Olivera, 40 AD3d 852 [2007]; see also Matter of Mongelluzzo v Sondgeroth, 95 AD3d 1332, 1333 [2012]).

Here, the Support Magistrate did not improvidently exercise her discretion in declining to rely on the father’s account of his finances in determining that he failed to establish a substantial change of circumstances warranting a downward modification. As the Support Magistrate’s findings were based on credibility determinations and supported by the record, they should not be disturbed (see Matter of Kennedy v Ventimiglia, 73 AD3d at 1066). Accordingly, the Family Court properly denied the father’s objections to the Support Magistrate’s order dismissing his petition for a downward modification of his child support obligation.

Furthermore, the Family Court properly denied that branch of the father’s subsequent petition which was to terminate his child support obligation on the ground of constructive emancipation. “It is fundamental public policy in New York that parents are responsible for their children’s support until age 21” (Matter of Gold v Fisher, 59 AD3d 443, 444 [2009]; see Family Ct Act § 413; Matter of Roe v Doe, 29 NY2d 188, 192-193 [1971]). Nevertheless, under the doctrine of constructive emancipation, where “a minor of employable age and in full possession of [his or] her faculties, voluntarily and without cause, abandons the parent’s home, against the will of the parent and for the purpose of avoiding parental control [he or] she forfeits [his or] her right to demand support” (Matter of Roe v Doe, 29 NY2d at 192; see Matter of Glen L.S. v Deborah A.S., 89 AD3d 856, 857 [2011]; Matter of DeLuca v Strear-DeLuca, 84 AD3d 801 [2011]). In contrast, where the parent causes a breakdown in communication with his or her child, or has made no serious effort to contact the child and exercise his or her visitation rights, the child will not be deemed to have abandoned the parent (see Matter of Glen L.S. v Deborah A.S., 89 AD3d at 857; Matter of Gold v Fisher, 59 AD3d at 444; Matter of Alice C. v Bernard G.C., 193 AD2d 97, 109 [1993]).

The burden of proof as to emancipation is on the party assert[*896] ing it (see Matter of Glen L.S. v Deborah A.S., 89 AD3d at 857; Matter of Gold v Fisher, 59 AD3d at 444). In this case, the evidence in the record sufficiently supports the Family Court’s determination that the father failed to meet his burden (see Matter of Gold v Fisher, 59 AD3d at 444; Matter of Alice C. v Bernard G.C., 193 AD2d at 110). Although there was evidence that the children failed to return the father’s telephone calls for several weeks before he filed his termination petition, such an occurrence shows no more than the children’s reluctance to contact him. Reluctance to see a parent is not abandonment (see Matter of Glen L.S. v Deborah A.S., 89 AD3d at 858; Radin v Radin, 209 AD2d 396 [1994]). Moreover, there was ample support for the court’s determination that the father made no serious effort to maintain his relationship with the children during the relevant time period (see Matter of Glen L.S. v Deborah A.S., 89 AD3d at 858; Radin v Radin, 209 AD2d 396 [1994]). Rivera, J.P., Hall, Roman and Miller, JJ., concur.