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Matter of Phillips v. Phillips

Appellate Division of the Supreme Court of New York, Second Department
Dec 15, 1997
245 A.D.2d 457 (N.Y. App. Div. 1997)

Opinion

December 15, 1997

Appeal from the Family Court, Dutchess County (Pagones, J.).


Ordered that the order is affirmed, with costs.

Since both the original order of child support and the stipulation upon which it was based violated the Child Support Standards Act (hereinafter the CSSA) in that they failed to include provisions stating that the parties had been apprised of their rights under the CSSA, the amount that would have been awarded under the CSSA, and the reason for deviating from the CSSA amount, the original child support order was invalid and not enforceable. ( see, Matter of Bill v. Bill, 214 A.D.2d 84; Vernon v. Vernon, 239 A.D.2d 108; see also, Scheinkman, 1992 Supp Practice Commentaries, McKinney's Cons Laws of N.Y., Book 14, Domestic Relations Law C240:27, 1997 Supp Pamph, at 374). Thus, the Hearing Examiner properly modified the order so that the amount of child support awarded complied with the CSSA.

The father's remaining contentions are without merit.

Rosenblatt, J. P., Miller, Ritter and Florio, JJ., concur.


Summaries of

Matter of Phillips v. Phillips

Appellate Division of the Supreme Court of New York, Second Department
Dec 15, 1997
245 A.D.2d 457 (N.Y. App. Div. 1997)
Case details for

Matter of Phillips v. Phillips

Case Details

Full title:In the Matter of KAREN L. PHILLIPS, Respondent, v. DOUGLAS PHILLIPS…

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

Date published: Dec 15, 1997

Citations

245 A.D.2d 457 (N.Y. App. Div. 1997)
666 N.Y.S.2d 656

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