Legal Opinion

Simmons v. Simmons

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

Decided December 31, 2008No. Appeal No. 1PublishedCited by 1 opinion

1Opinion of the Court

*1401We agree with plaintiff that the amounts awarded for child support and arrears also must be vacated. We conclude that “neither the record nor the court’s ‘record articulation’ ... is sufficient to support the court’s application of the Child Support Standards Act (CSSA) percentage to all of the combined parental income in excess of $80,000” (Matter of Malecki v Fernandez, 24 AD3d 1214, 1215 [2005]; see Irene v Irene [appeal No. 2], 41 AD3d 1179, 1181 [2007]). We therefore further modify the order in appeal No. 1 by vacating the amounts awarded for child support and arrears, and we direct…

2Cases cited3 opinions

  1. Ciesinski v. Town of AuroraAppellate Division of the Supreme Court of the State of New York · 1994
  2. Irene v. IreneAppellate Division of the Supreme Court of the State of New York · 2007
  3. Malecki v. FernandezAppellate Division of the Supreme Court of the State of New York · 2005

3Cited by1 opinion

  1. Simmons v. SimmonsAppellate Division of the Supreme Court of the State of New York · 2008

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