Legal Opinion

Barone v. Barone

New York Supreme Court

Decided November 14, 2016Published

1Opinion of the Court

OPINION OF THE COURT

Richard A. Dollinger, J.

It is a classic harvesttime conundrum and invokes an age-old question: when does a defaulting parent get a second bite at the “child support” apple? The answer requires the court to peel away the skin and explore the core of the interaction between the Civil Practice Law and Rules and the Domestic Relations Law.

*601A defendant husband in a divorce action defaults after being served. He never answers or participates in the divorce. The plaintiff wife, through her counsel, calculates child support, using a suspected, but actually-unknown income for the…

2Cases cited17 opinions

  1. Eugene Di Lorenzo, Inc. v. A. C. Dutton Lumber Co.New York Court of Appeals · 1986
  2. El-Dehdan v. El-DehdanNew York Court of Appeals · 2015
  3. Shaw v. ShawAppellate Division of the Supreme Court of the State of New York · 1983
  4. Federal National Mortgage Ass'n v. ZapataAppellate Division of the Supreme Court of the State of New York · 2016
  5. Martin v. CooperAppellate Division of the Supreme Court of the State of New York · 2012

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