Strauss v Saadatmand

Strauss v Saadatmand 2012 NY Slip Op 08803 Decided on December 20, 2012 Appellate Division, First Department 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.
8864 12131/08

[*1]Linda Strauss, Plaintiff-Respondent,

v

Babak Saadatmand, Defendant-Appellant.




Babak Saadatmand, appellant pro se.
Linda Strauss, respondent pro se.

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