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31 New York opinions name it 4 courts 1986–2025 7 in the last five years
The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Brescia v. Fittsgreen2 sentences2024"In determining whether there has been a change in circumstances warranting modification of a parent's child support obligation, the court must consider several factors, including 'the increased needs of the children, the increased cost of living insofar as it results in greater expenses for the children, a loss of income or assets by a parent or a substantial improvement in the financial condition of a parent, and the current and prior lifestyles of the children'" ( see Matter of Vetrano v Vetrano , 177 AD3d 890 [2d Dept 2019] quoting Matter of Fantel v. Stamatatos , 59 AD3d 717 [2d Dept 2009 2023"In determining whether there has been a change in circumstances warranting modification of a parent's child support obligation, the court must consider several factors, including the increased needs of the children, the increased cost of living insofar as it results in greater [*2]expenses for the children, a loss of income or assets by a parent or a substantial improvement in the financial condition of a parent, and the current and prior lifestyles of the children" ( Matter of Baumgardner v Baumgardner , 126 AD3d 895, 897 [internal quotation marks omitted]; see Matter of Brescia v Fitts , 56 | 6 | 7 |
Matter of Baumgardner v. Baumgardnergreen2 sentences2024"In determining whether there has been a change in circumstances warranting modification of a parent's child support obligation, the court must consider several factors, including the increased needs of the children, the increased cost of living insofar as it results in greater expenses for the children, a loss of income or assets by a parent or a substantial improvement in the financial condition of a parent, and the current and prior lifestyles of the children" ( see Matter of Gerety v Gerety , 203 AD3d 827, 829 [2d Dept 2022] quoting Matter of Baumgardner v Baumgardner , 126 AD3d 895 [2d De 2023"In determining whether there has been a change in circumstances warranting modification of a parent's child support obligation, the court must consider several factors, including the increased needs of the children, the increased cost of living insofar as it results in greater [*2]expenses for the children, a loss of income or assets by a parent or a substantial improvement in the financial condition of a parent, and the current and prior lifestyles of the children" ( Matter of Baumgardner v Baumgardner , 126 AD3d 895, 897 [internal quotation marks omitted]; see Matter of Brescia v Fitts , 56 | 4 | 7 |
Sharron v. Sharrongreen2 sentences2024"In determining whether there has been a change in circumstances warranting modification of a parent's child support obligation, the court must consider several factors, including 'the increased needs of the children, the increased cost of living insofar as it results in greater expenses for the children, a loss of income or assets by a parent or a substantial improvement in the financial condition of a parent, and the current and prior lifestyles of the children'" ( see Matter of Vetrano v Vetrano , 177 AD3d 890 [2d Dept 2019] quoting Matter of Fantel v. Stamatatos , 59 AD3d 717 [2d Dept 2009 2019In determining whether there has been a change in circumstances warranting modification of a parent's child support obligation, the court must consider several factors, including " the increased needs of the children, the increased cost of living insofar as it results in greater expenses for the children, a loss of income or assets by a parent or a substantial improvement in the financial condition of a parent, and the current and prior lifestyles of the children'" ( Matter of Fantel v Stamatatos , 59 AD3d 717, 718 , quoting Shedd v Shedd , 277 AD2d 917, 918 ; see Matter of Brescia v Fitts , 5 | 3 | 5 |
Matter of Oelsner v. Hepplergreen2 sentences2024"In determining whether there has been a change in circumstances warranting modification of a parent's child support obligation, the court must consider several factors, including the increased needs of the children, the increased cost of living insofar as it results in greater expenses for the children, a loss of income or assets by a parent or a substantial improvement in the financial condition of a parent, and the current and prior lifestyles of the children" ( see Matter of Gerety v Gerety , 203 AD3d 827, 829 [2d Dept 2022] quoting Matter of Baumgardner v Baumgardner , 126 AD3d 895 [2d De 2023"In determining whether there has been a change in circumstances warranting modification of a parent's child support obligation, the court must consider several factors, including the increased needs of the children, the increased cost of living insofar as it results in greater expenses for the children, a loss of income or assets by a parent or a substantial improvement in the financial condition of a parent, and the current and prior lifestyles of the children" ( Matter of Oelsner v Heppler , 181 AD3d 916, 917 [internal quotation marks omitted]; see Matter of Gerety v Gerety , 203 AD3d at 82 | 3 | 5 |
Eschbach v. Eschbachgreen2 sentences2018In determining a custody arrangement that is in the child's best interests, the court must consider several factors, including "the quality of the home environment and the parental guidance the custodial parent provides for the child, the ability of each parent to provide for the child's emotional and intellectual development, the financial status and ability of each parent to provide for the child, the relative fitness of the respective parents, and the effect an award of custody to one parent might have on the child's relationship with the other parent" ( Salvatore v Salvatore, 68 AD3d 966, 2017In determining a custody arrangement that is in the child’s best interests, the court must consider several factors, including “the quality of the home environment and the parental guidance the custodial parent provides for the child, the ability of each parent to provide for the child’s emotional and intellectual development, the financial status and ability of each parent to provide for the child, the relative fitness of the respective parents, and the effect an award of custody to one parent might have on the child’s relationship with the other parent” (Salvatore v Salvatore, 68 AD3d 966, 9 | 3 | 4 |
Matter of Gerety v. Geretygreen2 sentences2024"In determining whether there has been a change in circumstances warranting modification of a parent's child support obligation, the court must consider several factors, including the increased needs of the children, the increased cost of living insofar as it results in greater expenses for the children, a loss of income or assets by a parent or a substantial improvement in the financial condition of a parent, and the current and prior lifestyles of the children" ( see Matter of Gerety v Gerety , 203 AD3d 827, 829 [2d Dept 2022] quoting Matter of Baumgardner v Baumgardner , 126 AD3d 895 [2d De 2023"In determining whether there has been a change in circumstances warranting modification of a parent's child support obligation, the court must consider several factors, including the increased needs of the children, the increased cost of living insofar as it results in greater expenses for the children, a loss of income or assets by a parent or a substantial improvement in the financial condition of a parent, and the current and prior lifestyles of the children" ( Matter of Oelsner v Heppler , 181 AD3d 916, 917 [internal quotation marks omitted]; see Matter of Gerety v Gerety , 203 AD3d at 82 | 3 | 3 |
People v. Vernacegreen2 sentences2013In determining whether there has been an undue delay, a court must consider several factors, including “ ‘(1) the extent of the delay; (2) the reason for the delay; (3) the nature of the underlying charge; (4) whether or not there has been an extended period of pretrial incarceration; and (5) whether or not there is any indication that the defense has been impaired by reason of the delay’ ” (People v Decker, 13 NY3d 12, 15 [2009] , quoting People v Taranovich, 37 NY2d 442, 445 [1975]; see People v Vernace, 96 NY2d 886, 887 [2001]). 2013In determining whether there has been an undue delay, a court must consider several factors, including “ ‘(1) the extent of the delay; (2) the reason for the delay; (3) the nature of the underlying charge; (4) whether or not there has been an extended period of pretrial incarceration; and (5) whether or not there is any indication that the defense has been impaired by reason of the delay’ ” (People v Decker, 13 NY3d 12, 15 [2009] , quoting People v Taranovich, 37 NY2d 442, 445 [1975]; see People v Vernace, 96 NY2d 886, 887 [2001]). | 3 | 3 |
Fantel v. Stamatatosgreen2 sentences2024"In determining whether there has been a change in circumstances warranting modification of a parent's child support obligation, the court must consider several factors, including 'the increased needs of the children, the increased cost of living insofar as it results in greater expenses for the children, a loss of income or assets by a parent or a substantial improvement in the financial condition of a parent, and the current and prior lifestyles of the children'" ( see Matter of Vetrano v Vetrano , 177 AD3d 890 [2d Dept 2019] quoting Matter of Fantel v. Stamatatos , 59 AD3d 717 [2d Dept 2009 2020In determining whether there has been a change in circumstances warranting modification of a parent's child support obligation, the court must consider several factors, including "the increased needs of the children, the increased cost of living insofar as it results in greater expenses for the children, a loss of income or assets by a parent or a substantial improvement in the financial condition of a parent, and the current and prior lifestyles of the children" ( Matter of Fantel v [*2]Stamatatos , 59 AD3d 717, 718 [internal quotation marks omitted]; see Matter of Brescia v Fitts , 56 NY2d 1 | 2 | 6 |
Salvatore v. Salvatoregreen2 sentences2018In determining a custody arrangement that is in the child's best interests, the court must consider several factors, including "the quality of the home environment and the parental guidance the custodial parent provides for the child, the ability of each parent to provide for the child's emotional and intellectual development, the financial status and ability of each parent to provide for the child, the relative fitness of the respective parents, and the effect an award of custody to one parent might have on the child's relationship with the other parent" ( Salvatore v Salvatore, 68 AD3d 966, 2017In determining a custody arrangement that is in the child’s best interests, the court must consider several factors, including “the quality of the home environment and the parental guidance the custodial parent provides for the child, the ability of each parent to provide for the child’s emotional and intellectual development, the financial status and ability of each parent to provide for the child, the relative fitness of the respective parents, and the effect an award of custody to one parent might have on the child’s relationship with the other parent” (Salvatore v Salvatore, 68 AD3d 966, 9 | 2 | 3 |
People v. Deckergreen2 sentences2013In determining whether there has been an undue delay, a court must consider several factors, including “ ‘(1) the extent of the delay; (2) the reason for the delay; (3) the nature of the underlying charge; (4) whether or not there has been an extended period of pretrial incarceration; and (5) whether or not there is any indication that the defense has been impaired by reason of the delay’ ” (People v Decker, 13 NY3d 12, 15 [2009] , quoting People v Taranovich, 37 NY2d 442, 445 [1975]; see People v Vernace, 96 NY2d 886, 887 [2001]). 2013In determining whether there has been an undue delay, a court must consider several factors, including “ ‘(1) the extent of the delay; (2) the reason for the delay; (3) the nature of the underlying charge; (4) whether or not there has been an extended period of pretrial incarceration; and (5) whether or not there is any indication that the defense has been impaired by reason of the delay’ ” (People v Decker, 13 NY3d 12, 15 [2009] , quoting People v Taranovich, 37 NY2d 442, 445 [1975]; see People v Vernace, 96 NY2d 886, 887 [2001]). | 2 | 3 |
People v. Taranovichgreen2 sentences2013In determining whether there has been an undue delay, a court must consider several factors, including “ ‘(1) the extent of the delay; (2) the reason for the delay; (3) the nature of the underlying charge; (4) whether or not there has been an extended period of pretrial incarceration; and (5) whether or not there is any indication that the defense has been impaired by reason of the delay’ ” (People v Decker, 13 NY3d 12, 15 [2009] , quoting People v Taranovich, 37 NY2d 442, 445 [1975]; see People v Vernace, 96 NY2d 886, 887 [2001]). 2013In determining whether there has been an undue delay, a court must consider several factors, including “ ‘(1) the extent of the delay; (2) the reason for the delay; (3) the nature of the underlying charge; (4) whether or not there has been an extended period of pretrial incarceration; and (5) whether or not there is any indication that the defense has been impaired by reason of the delay’ ” (People v Decker, 13 NY3d 12, 15 [2009] , quoting People v Taranovich, 37 NY2d 442, 445 [1975]; see People v Vernace, 96 NY2d 886, 887 [2001]). | 2 | 3 |
Heyward v. Goldmangreen2 sentences2015In determining whether there has been a change in circumstances warranting modification of a parent’s child support obligation, the court must consider several factors, including “ ‘the increased needs of the children, the increased cost of living insofar as it results in greater expenses for the children, a loss of income or assets by a parent or a substantial improvement in the financial condition of a parent, and the current and prior lifestyles of the children’ ” (Matter of Fantel v Stamatatos, 59 AD3d 717, 718 [2009], quoting Shedd v Shedd, 277 AD2d 917, 918 [2000]; see Matter of Brescia 2009In determining whether there has been a change in circumstances warranting a modification of child support, the court must consider several factors including “the increased needs of the children, the increased cost of living insofar as it results in greater expenses for the children, a loss of income or assets by a parent or a substantial improvement in the financial condition of a parent, and the current and prior lifestyles of the children” (Shedd v Shedd, 277 AD2d 917, 918 [2000]; see Matter of Heyward v Goldman, 23 AD3d 468 [2005]). | 2 | 2 |
Scheffey-Hohle v. Durfeegreen2 sentences2013In a relocation case, to determine a child’s best interests, the court must consider several factors, such as “each parent’s reasons for seeking or opposing the move, the quality of the relationships between the child and the [moving] and [nonmoving] parents, the impact of the move on the quantity and quality of the child’s future contact with the [nonmoving] parent, the degree to which the [moving] parent’s and child’s life may be enhanced economically, emotionally and educationally by the move, and the feasibility of preserving the relationship between the [non-moving] parent and child throu 2013In a relocation case, to determine a child’s best interests, the court must consider several factors, such as “each parent’s reasons for seeking or opposing the move, the quality of the relationships between the child and the [moving] and [nonmoving] parents, the impact of the move on the quantity and quality of the child’s future contact with the [nonmoving] parent, the degree to which the [moving] parent’s and child’s life may be enhanced economically, emotionally and educationally by the move, and the feasibility of preserving the relationship between the [non-moving] parent and child throu | 2 | 2 |
POZEFSKY v. Aulisigreen2 sentences2013In a relocation case, to determine a child’s best interests, the court must consider several factors, such as “each parent’s reasons for seeking or opposing the move, the quality of the relationships between the child and the [moving] and [nonmoving] parents, the impact of the move on the quantity and quality of the child’s future contact with the [nonmoving] parent, the degree to which the [moving] parent’s and child’s life may be enhanced economically, emotionally and educationally by the move, and the feasibility of preserving the relationship between the [non-moving] parent and child throu 2013In a relocation case, to determine a child’s best interests, the court must consider several factors, such as “each parent’s reasons for seeking or opposing the move, the quality of the relationships between the child and the [moving] and [nonmoving] parents, the impact of the move on the quantity and quality of the child’s future contact with the [nonmoving] parent, the degree to which the [moving] parent’s and child’s life may be enhanced economically, emotionally and educationally by the move, and the feasibility of preserving the relationship between the [non-moving] parent and child throu | 2 | 2 |
Herman v. Villafanegreen2 sentences2013These factors governing a relocation determination are not an exhaustive list and the court is expected to consider any other relevant factors (see Matter of Herman v Villafane, 9 AD3d 525, 526-527 [2004]; Thompson v Smith, 277 AD2d 520, 521 [2000]). 2013These factors governing a relocation determination are not an exhaustive list and the court is expected to consider any other relevant factors (see Matter of Herman v Villafane, 9 AD3d 525, 526-527 [2004]; Thompson v Smith, 277 AD2d 520, 521 [2000]). | 2 | 2 |
Thompson v. Smithgreen2 sentences2013These factors governing a relocation determination are not an exhaustive list and the court is expected to consider any other relevant factors (see Matter of Herman v Villafane, 9 AD3d 525, 526-527 [2004]; Thompson v Smith, 277 AD2d 520, 521 [2000]). 2013These factors governing a relocation determination are not an exhaustive list and the court is expected to consider any other relevant factors (see Matter of Herman v Villafane, 9 AD3d 525, 526-527 [2004]; Thompson v Smith, 277 AD2d 520, 521 [2000]). | 2 | 2 |
Felice v. Eastport/South Manor Central School Districtgreen2 sentences2018School Dist ., 50 AD3d 138, 147 ). 2017School Dist., 50 AD3d 138, 147 [2008]). | 1 | 2 |
Akins v. Glens Falls City School Districtgreen2 sentences2025In Turcotte , a case involving an injury caused by the plaintiff jockey's fall during a professional horserace, the Court considered as relevant to its holding that the plaintiff assumed the risk of their injury "the nature of professional horseracing and the facilities used for it, the playing conditions under which horseracing is carried out, the frequency of the track's use and the correlative ability of the owner to repair or refurbish the track, and the standards maintained by other similarly used facilities" ( id. at 442). 2025In Turcotte , a case involving an injury caused by the plaintiff jockey's fall during a professional horserace, the Court considered as relevant to its holding that the plaintiff assumed the risk of their injury "the nature of professional horseracing and the facilities used for it, the playing conditions under which horseracing is carried out, the frequency of the track's use and the correlative ability of the owner to repair or refurbish the track, and the standards maintained by other similarly used facilities" ( id. at 442). | 1 | 1 |
Matter of Giraldo v. Fernandezgreen1 sentence2023"A substantial change in circumstances may be measured by comparing the parties' financial situation at the time of the application for modification with that existing at the time the order sought to be modified was issued" ( Matter of Oelsner v Heppler , 181 AD3d 916, 917 ; see Matter of Giraldo v Fernandez , 199 AD3d 796, 799 ). | 1 | 1 |
| Bressler v. Bresslergreen | 1 | 1 |
| Matter of Tejada v. Tejadagreen | 1 | 1 |
| Edwards v. Rothschildgreen | 1 | 1 |
| Opalka v. Skinnergreen | 1 | 1 |
| Michael GG. v. Melissa HH.green | 1 | 1 |
| Tori v. Torigreen | 1 | 1 |
| Lawlor v. Edergreen | 1 | 1 |
| Matter of Pettiford v. Clarkegreen | 1 | 1 |
| Matter of Rohde v. Rohdegreen | 1 | 1 |
| Matter of Hill v. Deangreen | 1 | 1 |
| Lawrence v. Kowatchgreen | 1 | 1 |
| Ryan v. Lewisgreen | 1 | 1 |
| Matter of Fountain v. Fountaingreen | 1 | 1 |
| Mandelowitz v. Boddengreen | 1 | 1 |
| Levine-Seidman v. Seidmangreen | 1 | 1 |
| Virginia C. v. Donald C.green | 1 | 1 |
| Cornell v. Cornellgreen | 1 | 1 |
| Talty v. Taltygreen | 1 | 1 |
| Fletcher v. Younggreen | 1 | 1 |
| Red Hook/Gowanus Chamber of Commerce v. New York City Board of Standardsgreen | 1 | 1 |
| Friederwitzer v. Friederwitzergreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Rodriguez v. Mendoza-Gonzalez
green
1 sentence2020A substantial change in circumstances may be measured by comparing the parties' financial situation at the time of the application for modification with that existing at the time the order sought to be modified was issued ( see Matter of Rosenberg v Rosenberg , 145 AD3d 1015, 1015 ; Matter of Rodriguez v Mendoza-Gonzalez , 96 AD3d 766, 766-767 ). | 1 | 2020–2020 |
Matter of Rosenberg v. Rosenberg
green
1 sentence2020A substantial change in circumstances may be measured by comparing the parties' financial situation at the time of the application for modification with that existing at the time the order sought to be modified was issued ( see Matter of Rosenberg v Rosenberg , 145 AD3d 1015, 1015 ; Matter of Rodriguez v Mendoza-Gonzalez , 96 AD3d 766, 766-767 ). | 1 | 2020–2020 |
Schwartz v. Schwartz
neutral
1 sentence2019On an application for modification of child support, a hearing is necessary where the parties' evidentiary submissions disclose the existence of genuine issues of fact ( see Schwartz v Schwartz , 153 AD3d 953, 956 ; Spiegel-Porco v Porco , 127 AD3d 849, 849 ; Reback v Reback , 93 AD3d 652, 652-653 ). | 1 | 2019–2019 |
Reback v. Reback
green
1 sentence2019On an application for modification of child support, a hearing is necessary where the parties' evidentiary submissions disclose the existence of genuine issues of fact ( see Schwartz v Schwartz , 153 AD3d 953, 956 ; Spiegel-Porco v Porco , 127 AD3d 849, 849 ; Reback v Reback , 93 AD3d 652, 652-653 ). | 1 | 2019–2019 |
Matter of Kolodny v. Perlman
green
1 sentence2019In determining whether there has been a substantial change in circumstances warranting modification of a parent's child support obligation, the court must consider several factors, including "the increased needs of the children, the increased cost of living insofar as it results in greater expenses for the children, a loss of income or assets by a parent or a substantial improvement in the financial condition of a parent, and the current and prior lifestyles of the children" ( Matter of Baumgardner v Baumgardner , 126 AD3d 895, 897 ; see Matter of Calenda v Calenda , 158 AD3d 625 , 626; Matter | 1 | 2019–2019 |
Spiegel-Porco v. Porco
green
1 sentence2019On an application for modification of child support, a hearing is necessary where the parties' evidentiary submissions disclose the existence of genuine issues of fact ( see Schwartz v Schwartz , 153 AD3d 953, 956 ; Spiegel-Porco v Porco , 127 AD3d 849, 849 ; Reback v Reback , 93 AD3d 652, 652-653 ). | 1 | 2019–2019 |
Matter of Shun Mao Ma v. New York City Health & Hosps. Corp.
green
1 sentence2018Corp ., 153 AD3d 529, 530 ; Matter of Devivo v Town of Carmel , 68 AD3d 991, 992 ; Matter of Felice v Eastport/South Manor Cent. | 1 | 2018–2018 |
Devivo v. Town of Carmel
green
1 sentence2018Corp ., 153 AD3d 529, 530 ; Matter of Devivo v Town of Carmel , 68 AD3d 991, 992 ; Matter of Felice v Eastport/South Manor Cent. | 1 | 2018–2018 |
Green v. Silver
green
1 sentence2018Under the circumstances of this case, the significant increase in the father's income between the time of the stipulation and the time of the application for modification, as well as a showing of increased expenses related to the children, depletion of the mother's assets, and her substantial debt, warranted a new determination and an upward modification of the father's child support obligation ( see Matter of Baumgardner v Baumgardner, 126 AD3d at 897 ; Matter of Braun v Abenanti, 103 AD3d 717, 719 ; Matter of Green v Silver, 96 AD3d 843, 845 ). | 1 | 2018–2018 |
Braun v. Abenanti
green
1 sentence2018Under the circumstances of this case, the significant increase in the father's income between the time of the stipulation and the time of the application for modification, as well as a showing of increased expenses related to the children, depletion of the mother's assets, and her substantial debt, warranted a new determination and an upward modification of the father's child support obligation ( see Matter of Baumgardner v Baumgardner, 126 AD3d at 897 ; Matter of Braun v Abenanti, 103 AD3d 717, 719 ; Matter of Green v Silver, 96 AD3d 843, 845 ). | 1 | 2018–2018 |
Matter of Bosede v. Agbaje
green
1 sentence2018The court is to consider the totality of the circumstances, and the existence of any one factor is not determinative ( see Eschbach v Eschbach, 56 NY2d at 174 ; Matter of Bowe v Bowe, 124 AD3d 645, 646 ; Matter of Bosede v Agbaje, 121 AD3d 675, 676 ). | 1 | 2018–2018 |
| Matter of Bowe v. Bowe green | 1 | 2018–2018 |
| Rosen v. Rosen green | 1 | 2009–2009 |
| Islamic Republic of Iran v. Pahlavi green | 1 | 2001–2001 |
| People v. Pfahler green | 1 | 1994–1994 |
| Yeo v. Cornaire green | 1 | 1986–1986 |
| Yeo v. Cornaire green | 1 | 1986–1986 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.