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Matter of McBride v. Luther

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 10, 1986
124 A.D.2d 1056 (N.Y. App. Div. 1986)

Opinion

November 10, 1986

Appeal from the Monroe County Family Court, Willis, J.

Present — Doerr, J.P., Boomer, Green, Pine and Balio, JJ.


Order unanimously modified on the law and as modified affirmed without costs, in accordance with the following memorandum: In this combined paternity and support proceeding, the Family Court confirmed the determination of a hearing examiner and directed respondent to pay half the cost of childbirth medical expense and blood-grouping tests ($487.50), a portion of petitioner's counsel fees ($2,000) and all of the attorney's costs and disbursements ($200.60), child support in the amount of $90 per week, and awarded a judgment for arrears in child support from the date of commencement of the proceeding ($8,190).

Petitioner resides in a three-bedroom town house with her four children, two of whom were determined to be respondent's children. Although petitioner claimed to have monthly expenses exceeding her income by nearly $800, her financial affidavit reveals relatively minor debts, most of which were incurred prior to commencement of this proceeding. Respondent has a net spendable income of some $25 to $45 per week. Both parties are employed, with petitioner earning about $25,000 per year (including her annual bonus) and respondent earning some $21,000 annually.

In view of respondent's limited ability to pay, we find the court's award of child support in the sum of $90 per week to be excessive and reduce the award to $45 per week. Based upon this modification, the judgment of arrears is vacated, and arrears are correspondingly reduced to $4,095 (91 weeks times $45), which respondent is hereby ordered to satisfy by weekly payments of $15.

We also find the award of counsel fees to be excessive and reduce that award to $750, including costs and disbursements. We have considered respondent's remaining contentions and find them to be without merit.


Summaries of

Matter of McBride v. Luther

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 10, 1986
124 A.D.2d 1056 (N.Y. App. Div. 1986)
Case details for

Matter of McBride v. Luther

Case Details

Full title:In the Matter of DEBORAH A. McBRIDE, Respondent, v. CARL E. LUTHER…

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

Date published: Nov 10, 1986

Citations

124 A.D.2d 1056 (N.Y. App. Div. 1986)

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