Legal Opinion · Dissent

Rubin v. Della Salla

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

Decided April 18, 2013Published

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

  1. MATTER OF CASSANO v. CassanoNew York Court of Appeals · 1995
  2. Bast v. RossoffNew York Court of Appeals · 1998
  3. Holterman v. HoltermanNew York Court of Appeals · 2004
  4. Baraby v. BarabyAppellate Division of the Supreme Court of the State of New York · 1998
  5. Dutchess County Department of Social Services v. DayNew York Court of Appeals · 2001

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API