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Matter of Leyda v. John

Appellate Division of the Supreme Court of New York, Second Department
Jun 26, 1995
216 A.D.2d 561 (N.Y. App. Div. 1995)

Opinion

June 26, 1995

Appeal from the Family Court, Queens County (Sparrow, J.).


Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The father contends that the application of the Child Support Standards Act (hereinafter CSSA) to the facts of this case (see, Family Ct Act § 413), is unjust and inappropriate because, after paying his child support obligations, he is unable to meet his monthly expenses. However, the father has failed to rebut the presumption that the application of the CSSA guidelines yielded the correct amount of child support (see, Matter of Maddox v. Doty, 186 A.D.2d 135). Moreover, contrary to the father's contention, the Family Court properly considered the father's financial resources, which include voluntary contributions to retirement and savings plans (see, Family Ct Act § 413 [f]; Matter of Webb v. Rugg, 197 A.D.2d 777).

The father's remaining contentions are without merit. Bracken, J.P., Balletta, Copertino and Hart, JJ., concur.


Summaries of

Matter of Leyda v. John

Appellate Division of the Supreme Court of New York, Second Department
Jun 26, 1995
216 A.D.2d 561 (N.Y. App. Div. 1995)
Case details for

Matter of Leyda v. John

Case Details

Full title:In the Matter of LEYDA D., Respondent, v. JOHN A., Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 26, 1995

Citations

216 A.D.2d 561 (N.Y. App. Div. 1995)
628 N.Y.S.2d 798

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