Wheeler v. Wheeler

—In a matrimonial action in which the parties were divorced by judgment dated January 20, 1981, the defendant appeals from an order of the Supreme Court, Richmond County (Ponterio, J.), dated December 16, 1997, which directed that any upward modification of child support is retroactive to December 1990 and which imputed income to the plaintiff in the amount of only $30,000 per year as of that date.

Ordered that the order is affirmed, with costs.

On a prior appeal in connection with the plaintiff’s December 1990 application for an upward modification of child support, this Court remitted the…