O'Brien v. O'Brien

Judgment unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: We agree with defendant’s contention that Supreme Court erred in awarding child support retroactive only to July 1, 1990 rather than to May 15, 1989, the date of commencement of the action (see, Domestic Relations Law § 236 [B] [7] [a]; Thomas v Thomas, 161 AD2d 1151, 1152). The judgment of divorce is therefore modified to provide that plaintiff is awarded child support retroactive to May 15, 1989. Nevertheless, we reject defendant’s contention that Supreme Court should…