Does the Boden requirement of a showing of unforeseen change apply to a child support proceeding when the parties' agreement contains no child support provisions?
"New York", United States of America
The following excerpt is from Paul M. v. Roberta M., 110 Misc.2d 1094, 443 N.Y.S.2d 586 (N.Y. Fam. Ct. 1981):
Accordingly, the court finds, as a matter of law, that the Boden requirement of a showing of an unforeseen change in circumstances is not applicable to a support proceeding when the parties' separation agreement contains no child support provisions. Bajak v. Bajak, 71 A.D.2d 823, 419 N.Y.S.2d 389 (4th Dept. 1979).
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