Martin P. Whelan v. Kara E. Whelan

Summary

The Appellate Division, Second Department reversed an order granting a downward modification of the plaintiff's child support obligation. The court held that the plaintiff failed to establish a substantial change in circumstances and noted that the parties had waived modification based on an involuntary income change of 15% or more.

Holdings

1. The plaintiff failed to establish a substantial change in circumstances warranting a downward modification because, despite his loss of income during the COVID-19 pandemic, his financial resources showed that he remained able to provide support at the stipulated level.
2. The parties' agreement to waive modification of child support based on an involuntary change in income of 15% or more was an additional reason supporting denial of the plaintiff's motion.

Questions Presented

1. Whether the plaintiff established a substantial change in circumstances warranting a downward modification of his child support obligation.
2. Whether the parties' agreement waiving modification based on an involuntary income change of 15% or more supported denial of the modification motion.

Disposition

reversed