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Linda Strauss v. Babak Saadatmand

New York Supreme and/or Appellate Courts Appellate Division, First Department


December 20, 2012

LINDA STRAUSS,
PLAINTIFF-RESPONDENT,
v.
BABAK SAADATMAND, . DEFENDANT-APPELLANT.

Strauss v Saadatmand

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 20, 2012

Tom, J.P., Sweeny, DeGrasse, Manzanet-Daniels, Clark, JJ.

Order, Supreme Court, Bronx County (La Tia W. Martin, J.), entered June 25, 2012, which, inter alia, granted plaintiff's motion to increase interim child support from $2,000 to $3,000 per month, and denied defendant's cross motion to suspend interim child support payments and direct plaintiff to reimburse him for all child support payments related to a former nanny, unanimously affirmed, without costs.

We do not perceive any "exigent circumstances" warranting disturbance of the modified interim award (see Anonymous v Anonymous, 63 AD3d 493, 496-497 [1st Dept 2009], appeal dismissed 14 NY3d 921 [2010]). The motion court properly directed the parties to supplement their motion papers with updated financial statements (see CPLR 2214[c]). In any event, however, the motion court did not base the upward modification in interim child support on the parties' updated financial information; it based the modification on the "substantial change in circumstances" represented by the reduction in defendant's interim visitation schedule from two to three days per week to one two-hour supervised visit per week (see Domestic Relations Law § 236[B][9][b][2][i]).

We have considered defendant's remaining arguments and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: DECEMBER 20, 2012

CLERK

20121220

© 1992-2012 VersusLaw Inc.



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