Holmes v. Holmes

Appeal from an order of the Family Court of Saratoga County (James, J.), entered November 27, 1995, which granted petitioner’s application, in a proceeding pursuant to Family Court Act article 4, for support of the parties’ children.

When this matter was first before us, a majority of this Court found that the parties had implicitly created a joint custody situation, wherein petitioner had physical custody of the parties’ two children approximately 60% of the time and respondent had physical custody of the children approximately 40% of the time (184 AD2d 185). In light of that finding, the…