Kolb v. Rice
Appellate Division of the Supreme Court of the State of New York
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
- Smith v. SmithAppellate Division of the Supreme Court of the State of New York · 1993