Elias v. Elias
Opinion of the Court
Case held, decision reserved and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: Defendant appeals from so much of a judgment of divorce as made an equitable distribution of the marital estate and obligated him to pay $300 per month as
The parties stipulated before trial that defendant would pay child support for the one remaining unemancipated child consistent with the statutory guidelines (see, Domestic Relations Law § 240 [1-b] [b] [3]). In determining defendant’s share of the basic child support obligation (see, Domestic Relations Law § 240 [1-b] [f]), the court failed to determine the amount of the parties’ combined parental income (see, Domestic Relations Law § 240 [1-b] [c] [1]). Because the record is insufficient to support any determination of combined parental income, we remit the matter to permit the court to receive additional evidence and to make such determination. (Appeal from Judgment of Supreme Court, Oneida County, Tenney, J.—Equitable Distribution and Support.) Present—Boomer, J. P., Pine, Lawton, Fallon and Doerr, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.