Appellate Division of the Supreme Court of New York, 2008

Kerri Lee M. v. Stephen A.R.

Kerri Lee M. v. Stephen A.R.
Appellate Division of the Supreme Court of New York · Decided March 6, 2008
49 A.D.3d 289; 851 N.Y.2d 873
Kerri Lee M. v. Stephen A.R.

Opinion of the Court

*290Based on the disparity in income between the parties and the shared custody arrangement, there was no basis in the record for the support magistrate to depart from the basic child support obligation (Family Ct Act § 413 [1] [c]). In view of the relative circumstances of the parties, it was particularly onerous to compel respondent to pay 60% of petitioner’s child care expenses.

This matter is remanded to recalculate the amounts owed pursuant to the basic child support obligation. Concur—Andrias, J.P., Friedman, Williams, Buckley and Sweeny, JJ.

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