Legal Opinion

Kolb v. Rice

Appellate Division of the Supreme Court of the State of New York

Decided February 2, 1996Published

1Opinion of the Court

—Order unanimously affirmed without costs. Memorandum: Respondent is not entitled to credit for child support payments he made pursuant to a temporary order that was vacated before the present petition was filed. The present order requiring respondent to pay child support in the sum of $148.86 per week is retroactive only to August 4, 1994, the date of the petition. The payments made by respondent were pursuant to a temporary order for a period that preceded the period in issue; consequently, respondent is not entitled to credit them against his present support obligation (see, Matter of…

2Cases cited1 opinion

  1. Smith v. SmithAppellate Division of the Supreme Court of the State of New York · 1993

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