Legal Opinion
Kennedy v. Kennedy
Appellate Division of the Supreme Court of the State of New York
Decided February 4, 1994Published
1Opinion of the Court
OPINION OF THE COURT
Boehm, J.
The issue here, apparently one of first impression, is whether income received under a noncompetition agreement is subject to the 65% cap limiting the amount that may be deducted from earnings under CPLR 5241 (g) (1) (ii) for the support of a spouse or a dependent child. We hold that it is not.
I
Petitioner, Nancy E. Kennedy, filed a petition for enforcement of a support order, and respondent, Kenneth E. Kennedy, filed a cross petition for downward modification of his support obligation under that order. While the proceedings were pending, petitioner issued an…
2Cases cited14 opinions
- Kokoszka v. BelfordSupreme Court of the United States · 1974
- Dunlop v. First National Bank of ArizonaDistrict Court, D. Arizona · 1975
- Hodgson v. Hamilton Municipal CourtDistrict Court, S.D. Ohio · 1972
- John O. Melby & Co. Bank v. AndersonWisconsin Supreme Court · 1979
- Furman v. United StatesDistrict Court, D. South Carolina · 1984
9 more not listed; retrieve them via the Exa API.