Summary
In Roy v Roy (188 A.D.2d 274 [1st Dept 1992]) the First Department in a split custody case rejected the application of the child support percentage of the CSSA and found the statutory formula "unjust and inappropriate".
Summary of this case from Bast v. RossoffOpinion
December 1, 1992
Appeal from the Family Court, New York County (Mary E. Bednar, J.).
Prior to the application, the parties' son, in petitioner father's custody, attended public high school, and their daughter, in respondent mother's custody, attended private high school, to which expense petitioner was required to contribute $168 biweekly. Petitioner's application was prompted by the son's enrollment in college at a cost of $8700 after financial aid, and the daughter's transfer to public high school.
We agree with the Hearing Examiner that this was a significant change of circumstances warranting a modification of the support order. We also agree with the Hearing Examiner that the unusual custody arrangement here, with each parent having custody of one child, would have made application of the factors set forth in Family Court Act § 413 (1) (f) (1)-(10) "unjust and inappropriate" (see generally, Tippins, New York Matrimonial Law and Practice § 5A:57, at 1109).
We have considered respondent's other arguments and find them to lack merit.
Concur — Sullivan, J.P., Carro, Wallach, Kupferman and Kassal, JJ.