Holterman v. Holterman

RS. Smith, J. (dissenting).

I think the decision of Supreme Court, which the Appellate Division affirmed, is flawed in three ways. First, it fails to consider or justify the total burden that the multiple rulings it contains place upon defendant. Secondly, it adopts an illogical and unfair method of allocating the parties’ income for purposes of calculating child support payments. And thirdly, it applies our decision in O’Brien v O’Brien (66 NY2d 576 [1985]) on facts totally opposite, in material respects, to the facts of O’Brien itself—resulting in an application of O’Brien that does no good…