Erie County Department of Social Services ex rel. Davis v. Clark

Appellate Division of the Supreme Court of New York

Erie County Department of Social Services ex rel. Davis v. Clark

209 A.D.2d 1035, 619 N.Y.S.2d 1022

Appellate Division of the Supreme Court of the State of New York·Decided November 16, 1994·No. Appeal No. 2·Published·Cited by 3 cases

Opinion

—Order unanimously affirmed without costs. Memorandum: The Hearing Examiner properly determined that application of the Child Support Standards Act would be unjust and inappropriate in these support proceedings (see, Family Ct Act § 413 [1] [f]). The aggregate award of $115 per week for the support of respondent’s 11 children was not unconscionable under the circumstances of these cases.

Although the Hearing Examiner established precourt costs for the medical and confinement costs incurred at the births of the children, those costs may not be recovered from respondent because he did not have sufficient means to pay any of them when they were incurred (see, Matter of Steuben County Dept. of Social Servs. v Deats, 76 NY2d 451, 458). (Appeal from Order of Erie County Family Court, Honan, J.—Enforcement Proceeding.) Present—Lawton, J. P., Fallon, Wesley, Doerr and Boehm, JJ.

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—Order unanimously affirmed without costs. Memorandum: The Hearing Examiner properly determined that application of the Child Support Standards Act would be unjust and inappropriate in these support proceedings (see, Family Ct Act § 413 [1] [f]). The aggregate award of $115 per week for the support of respondent’s 11 children was not unconscionable under the circumstances of these cases.

Although the Hearing Examiner established precourt costs for the medical and confinement costs incurred at the births of the children, those costs may not be recovered from respondent because he did not have sufficient means to pay any of them when they were incurred (see, Matter of Steuben County Dept. of Social Servs. v Deats, 76 NY2d 451, 458). (Appeal from Order of Erie County Family Court, Honan, J.—Enforcement Proceeding.) Present—Lawton, J. P., Fallon, Wesley, Doerr and Boehm, JJ.

Erie County Department of Social Services ex rel. Davis v. Clark, 209 A.D.2d 1035, 619 N.Y.S.2d 1022 (N.Y. Ct. App. 1994).

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209 A.D.2d 1035 (Erie County Department of Social Services ex rel. Davis v. Clark) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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