Feldman v. Feldman
Opinion of the Court
In a matrimonial action, defendant appeals from an order of the Supreme Court, Nassau County, dated April 6, 1978, which denied his motion to direct plaintiff to furnish him all information, records and documents concerning her income and expenses in connection with her tax return for the calendar year 1976. Order reversed, without costs or disbursements, and motion granted to the extent of directing plaintiff to furnish defendant all relevant information used as the basis for arriving at the adjusted gross income figure on her tax return for the calendar year 1976. The parties’ separation agreement, dated March 24, 1975, provides, inter alia, that up to the third anniversary thereof, the payments by defendant to plaintiff (which were approximately $12,500 per year, i.e., $240.38 per week) were to be reduced by $1 for every $2 of adjusted gross income earned by the wife in excess of $5,200, but less than $25,000, with a maximum reduction in the amount of $7,300 per annum. In case the adjusted gross income was more than $25,000, the wife’s allowance was to be $5,200. The term "adjusted gross income” was stated to mean "that term [as] defined in § 62 of the Internal Revenue Code”. Plaintiff’s attorney sent defendant’s attorney a copy of plaintiff’s 1976 Federal income tax return, on which plaintiff had claimed an adjusted gross income of $4,172.15. Plaintiff arrived at that sum, which
Case-law data current through December 31, 2025. Source: CourtListener bulk data.