¶1Defendant demonstrated neither extreme hardship to warrant a downward modification of his maintenance obligations (see Sheila C. v Donald C., 5 AD3d 123 [2004]; Domestic Relations Law § 236 [B] [9] [b] [1]), nor a substantial, unanticipated and unreasonable change in his circumstances necessitating a reduction in child support (see Domestic Relations Law § 236 [B] [9] [b] [2] [i]; Matter of Boden v Boden, 42 NY2d 210, 212-213 [1977]). The motion court’s skepticism of defendant’s statements reflect the gaps in his evidence, rather than any bias against him. Furthermore, contrary to defendant’s contention, a hearing on the motion was not required in light of his inability to raise a genuine question of fact (see Young v Young, 223 AD2d 358 [1996]). Concur — Saxe, J.E, Friedman, Acosta, DeGrasse and Richter, JJ.
82 A.D.3d 509
Gordon v. Gordon
Appellate Division of the Supreme Court of the State of New York
Decided March 10, 2011
Appellate Division of the Supreme Court of the State of New York · decided 2011-03-10
Decided 2011-03-10