RITTER v. TUCKER (2000)

Supreme Court, Appellate Division, Fourth Department, New York.

Matter of Jimae RITTER, Petitioner-Respondent-Appellant, v. Brian TUCKER, Respondent-Petitioner-Respondent.
Matter of Brian Tucker, Petitioner-Respondent, v. Jimae Ritter, Respondent-Appellant.

Decided: December 27, 2000

PRESENT: WISNER, J.P., HURLBUTT, SCUDDER and KEHOE, JJ.

Linda M. Campbell, Syracuse, for petitioner-respondent-appellant. Edward A. Gibson, Watertown, for respondent-petitioner-respondent.

Family Court properly granted the cross petition seeking enforcement of a prior support order and awarded Brian Tucker (petitioner) judgment for arrears in child support and related expenses. Jimae Ritter (respondent) failed to move for downward modification of her child support obligation before the arrears accrued (see, Matter of Dox v. Tynon, 90 N.Y.2d 166, 175-176, 659 N.Y.S.2d 231, 681 N.E.2d 398). Contrary to respondent's contention, the failure of the court to suspend child support payments for the period of time that the parties resided together following their divorce does not constitute a grievous injustice to respondent (see, Matter of Reynolds v. Oster, 192 A.D.2d 794, 795, 596 N.Y.S.2d 545). We reject the contention of respondent that the court erred in denying her application for downward modification of child support. “[Respondent] failed to present evidence that would enable the court to assess the necessity or bona fides of [her] decision to pursue further education” (Matter of Ciostek v. Ciostek, 186 A.D.2d 1087, 1088, 588 N.Y.S.2d 690).

Order unanimously affirmed without costs.

MEMORANDUM:

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