Legal Opinion

Cody v. Evans-Cody

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

Decided December 24, 2001PublishedCited by 22 opinions

1Opinion of the Court

OPINION OF THE COURT

H. Miller, J.

The petitioner father has sole custody of the parties’ three children. The issue on this appeal is whether the Family Court erred in failing to consider the respondent mother’s inheritance in calculating her child support obligation. For the reasons which follow, we conclude that the Family Court erred in failing to award additional child support based upon this resource.

The relevant facts are not in dispute. On May 26, 1999, the respondent left her three children and the petitioner in Westchester County and moved to Arizona. She did not notify the petitioner…

2Cases cited12 opinions

  1. MATTER OF CASSANO v. CassanoNew York Court of Appeals · 1995
  2. Carlson-Subik v. SubikAppellate Division of the Supreme Court of the State of New York · 1999
  3. Ogborn v. HiltsAppellate Division of the Supreme Court of the State of New York · 1999
  4. Connell v. ConnellNew Jersey Superior Court Appellate Division · 1998
  5. Gainey v. GaineyCourt of Appeals of Washington · 1997

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

3Cited by22 opinions

  1. McVey v. BarnettAppellate Division of the Supreme Court of the State of New York · 2013
  2. Lasché v. LevinDistrict of Columbia Court of Appeals · 2009
  3. Croak v. BergeronMassachusetts Appeals Court · 2006
  4. Hejna v. ReillyAppellate Division of the Supreme Court of the State of New York · 2006
  5. Mirkin v. MirkinAppellate Division of the Supreme Court of the State of New York · 2007

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

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