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Matter of Chautauqua Cty. Comm. v. Dana R

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 19, 1997
244 A.D.2d 866 (N.Y. App. Div. 1997)

Opinion

November 19, 1997

(Appeal from Order of Chautauqua County Family Court, Ward, J. — Support.)

Present — Green, J. P., Pine, Wisner, Balio and Fallon, JJ.


Order unanimously modified on the law and as modified affirmed without costs and matter remitted to Chautauqua County Family Court for further proceedings in accordance with the following Memorandum: Family Court erred in denying petitioner's objection to the Hearing Examiner's order of support. In computing respondent's support obligation for Jessica R., the subject of this support proceeding, the Hearing Examiner improperly adjusted respondent's income by deducting the entire amount of an income execution issued by the Child Support Enforcement Unit in another support matter ( see, Family Ct Act § 413 [b] [5] [vii] [D]; CPLR 5241). The portion of the execution that is applied to arrears in the other matter is not "actually paid pursuant to court order or written agreement" (Family Ct Act § 413 [b] [5] [vii] [D]), and thus is not properly deductible. Respondent's other support obligation may be taken into account under section 413 (1) (f) of the Family Court Act upon a claim that the basic child support obligation is unjust or inappropriate ( see, Matter of Steuben County Dept. of Social Servs. [Padgett] v. James, 171 A.D.2d 1023). We modify the order, therefore, by granting petitioner's objection and remitting the matter to Chautauqua County Family Court for a recomputation of respondent's support obligation.


Summaries of

Matter of Chautauqua Cty. Comm. v. Dana R

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 19, 1997
244 A.D.2d 866 (N.Y. App. Div. 1997)
Case details for

Matter of Chautauqua Cty. Comm. v. Dana R

Case Details

Full title:In the Matter of CHAUTAUQUA COUNTY COMMISSIONER OF SOCIAL SERVICES, on…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Nov 19, 1997

Citations

244 A.D.2d 866 (N.Y. App. Div. 1997)
665 N.Y.S.2d 130

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