Rubin v. Della Salla
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Richter, J.
In this appeal, we are asked to decide whether a parent who has primary physical custody of a child in a shared custody arrangement where the time is not equally divided can be ordered to pay child support to the other parent. We conclude that based on the plain language of the Child Support Standards Act, its legislative history, and its interpretation by the Court of Appeals, a custodial parent who has the child a majority of the time cannot be directed to pay child support to a noncustodial parent.
Plaintiff Mara Rubin (the mother) and defendant Anthony Della…
2Cases cited25 opinions
- Eschbach v. EschbachNew York Court of Appeals · 1982
- MATTER OF CASSANO v. CassanoNew York Court of Appeals · 1995
- Louise E. S. v. W. Stephen S.New York Court of Appeals · 1985
- Bast v. RossoffNew York Court of Appeals · 1998
- Holterman v. HoltermanNew York Court of Appeals · 2004
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3Cited by21 opinions
- Matter of Smisek v. DeSantisAppellate Division of the Supreme Court of the State of New York · 2022
- Michael J.D. v. Carolina E.P.Appellate Division of the Supreme Court of the State of New York · 2016
- E.D. v. D.T.Appellate Division of the Supreme Court of the State of New York · 2017
- Matter of Scott W. v. Krizzia G.Appellate Division of the Supreme Court of the State of New York · 2021
- Matter of Anthony S. v. Monique T.B.Appellate Division of the Supreme Court of the State of New York · 2020
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