Barrett v. Barrett

202 A.D.2d 1066, 608 N.Y.S.2d 971, 1994 N.Y. App. Div. LEXIS 3558

Opinion

—Order unanimously reversed on the law without costs and matter remitted to Suffolk County Family Court for further proceedings in accordance with the following Memorandum: The Hearing Examiner failed to set forth the factors it considered when it found that respondent’s pro-rata share of the basic child support obligation is unjust or inappropriate (see, Family Ct Act § 413 [1] [g]). Consideration of those factors is mandatory and nonwaivable (Family Ct Act § 413 [1] [g]). We remit the matter, therefore, for findings in accordance with Family Court Act § 413 (1) (g) and a de novo hearing.

We have considered respondent’s remaining contentions and find them to be without merit. (Appeal from Order of Suffolk County Family Court, Abrams, J. — Child Support.) Present— Green, J. P., Balio, Fallon, Doerr and Boehm, JJ.