Rubin v. Della Salla
Appellate Division of the Supreme Court of the State of New York
1DissentAcosta, J.
I respectfully dissent from the dismissal of the mother’s cause of action for child support because the majority’s rigid application of the statute sacrifices *74the child’s well-being at the altar of an arithmetic formula. It forces the child to bear the economic burden of his parents’ decisions, even where, as here, the child, whose father is a millionaire, is in danger of living in poverty, solely to preserve uniformity and predictability in child support awards. I do not believe this result is what the legislature intended in drafting the Child Support Standards Act (CSSA), especially since…
2Cases cited10 opinions
- MATTER OF CASSANO v. CassanoNew York Court of Appeals · 1995
- Bast v. RossoffNew York Court of Appeals · 1998
- Holterman v. HoltermanNew York Court of Appeals · 2004
- Baraby v. BarabyAppellate Division of the Supreme Court of the State of New York · 1998
- Dutchess County Department of Social Services v. DayNew York Court of Appeals · 2001
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