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Weber v. Coffey

In the Matter of Linda N. Weber v. Robert D. Coffey

Weber v. Coffey, 230 A.D.2d 865 (1996)
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Court
Appellate Division of the Supreme Court of the State of New York · State Appellate Courts
Decided
August 19, 1996
Judges
Bracken, Copertino, Krausman, Miller
Citations
230 A.D.2d 865646 N.Y.S.2d 3821996 N.Y. App. Div. LEXIS 8556

Opinion of the Court

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—In a proceeding pursuant to Family Court Act article 4 for upward modification of child support, the father appeals, as limited by his brief, from so much of an order of the Family Court, Suffolk County (Freundlich, J.), entered April 21, 1995, as denied his objections to so much of an order of the same court (Base, H.E.), dated January 10, 1995, as, after a hearing, directed him to pay child support in the amount of $141 per week.

Ordered that the order is reversed insofar as appealed from, on the law and as a matter of discretion, and the matter is remitted to the Family Court for de novo determination of the appropriate amount of the father’s child support.

Under all the circumstances presented, including the fact that both parties have remarried, and in the absence of special factors requiring otherwise, we conclude that it was an improvident exercise of discretion to impute to the father any percentage of the income earned by his current spouse in calculating his child support obligations (see, Matter of Dora T. J. v Jean-Paul A. S., 224 AD2d 420 ; cf., Matter of Ladd v Suffolk County Dept. of Social Servs. [Ladd], 199 AD2d 393 ).

Bracken, J. P., Miller, Copertino and Krausman, JJ., concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

2000: 12006: 12007: 42008: 12015: 12019: 120002026peak 2007 · 4

Relies on it most ⓘ

  1. Ambrose v. Felice45 A.D.3d 581 (2007)
  2. Gina P. v. Stephen S.33 A.D.3d 412 (2006)
  3. Heller v. Heller43 A.D.3d 999 (2007)
  4. Davidson v. McLoughlin128 A.D.3d 960 (2015)
  5. Emery v. Bond269 A.D.2d 832 (2000)
  6. McGrath v. Parker41 A.D.3d 852 (2007)

Most recent

  1. Montgomery v. List2019 NY Slip Op 4560
  2. Davidson v. McLoughlin128 A.D.3d 960 (2015)
  3. Mariana D. v. Frank D.20 Misc. 3d 531 (N.Y.C. Fam. Ct. 2008)
  4. Ambrose v. Felice45 A.D.3d 581 (2007)
  5. Heller v. Heller43 A.D.3d 999 (2007)
  6. McGrath v. Parker41 A.D.3d 852 (2007)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Ladd v. Suffolk Cnty. Dep't of Soc. Servs., 199 A.D.2d 393 (1993) 16
Dora T. J. v. Jean-Paul A. S., 224 A.D.2d 420 (1996) 6

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