Legal Opinion

Dodaro v. Beyer

Appellate Division of the Supreme Court of the State of New York

Decided August 26, 2002PublishedCited by 4 opinions

1Opinion of the Court

*380The Family Court made several errors in computing the father’s child support obligation. It failed to deduct Medicare taxes from the father’s wages in computing his gross income (see 26 USC § 3101; see also Militana v Militana, 280 AD2d 529, 530; Matter of Mitchell v Mitchell, 264 AD2d 535, 538-539).

The Family Court, moreover, improperly applied the Child Support Standards Act (hereinafter the CSSA) guidelines to the first $80,000 of the father’s income, rather than the first $80,000 of the combined parental income (see Family Ct Act §413 [1] [b]; see also Matter of Cassano v Cassano, 85 NY2d…

2Cases cited8 opinions

  1. MATTER OF CASSANO v. CassanoNew York Court of Appeals · 1995
  2. Mitchell v. MitchellAppellate Division of the Supreme Court of the State of New York · 1999
  3. Brefka v. DobiesAppellate Division of the Supreme Court of the State of New York · 2000
  4. Israel v. IsraelAppellate Division of the Supreme Court of the State of New York · 2000
  5. Anostario v. AnostarioAppellate Division of the Supreme Court of the State of New York · 1998

3 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Barrow v. HammondAppellate Division of the Supreme Court of the State of New York · 2003
  2. Lincer v. LincerAppellate Division of the Supreme Court of the State of New York · 2006
  3. Castillo v. CastilloAppellate Division of the Supreme Court of the State of New York · 2003
  4. Sweitzer v. MontaninoAppellate Division of the Supreme Court of the State of New York · 2005

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