Freeman v. Freeman

Appellate Division of the Supreme Court of New York

Freeman v. Freeman

237 A.D.2d 910, 656 N.Y.S.2d 997

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 14, 1997

DocketAppeal No. 1

StatusPublished

This text of 237 A.D.2d 910 (Freeman v. Freeman) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Freeman v. Freeman, 237 A.D.2d 910, 656 N.Y.S.2d 997 (N.Y. Ct. App. 1997).

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Opinion

Amended order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in ordering defendant to turn over to plaintiff, on a yearly basis, his tax returns and all other relevant information for the purpose of recalculating his child support obligation based upon the Child Support Standards Act (CSSA). The terms of the parties’ stipulation of settlement establish that the parties did not contemplate such an annual review of their financial circumstances (cf, Kremler v Kremler, 199 AD2d 901, 902). Moreover, the CSSA does not provide for the annual modification of a party’s child support obligations (see, Domestic Relations Law § 240 [1-b]). We conclude that the court improperly imposed that additional requirement under the guise of contract construction (see, Slatt v Slatt, 64 NY2d 966, 967, rearg denied 65 NY2d 785; Matter of Tillim v Fuks, 221 AD2d 642, 643). (Appeal from Amended Order of Supreme Court, Erie County, Whelan, J.—Support.) Present—Denman, P. J., Green, Balio, Boehm and Fallon, JJ.

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Amended order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in ordering defendant to turn over to plaintiff, on a yearly basis, his tax returns and all other relevant information for the purpose of recalculating his child support obligation based upon the Child Support Standards Act (CSSA). The terms of the parties’ stipulation of settlement establish that the parties did not contemplate such an annual review of their financial circumstances (cf, Kremler v Kremler, 199 AD2d 901, 902). Moreover, the CSSA does not provide for the annual modification of a party’s child support obligations (see, Domestic Relations Law § 240 [1-b]). We conclude that the court improperly imposed that additional requirement under the guise of contract construction (see, Slatt v Slatt, 64 NY2d 966, 967, rearg denied 65 NY2d 785; Matter of Tillim v Fuks, 221 AD2d 642, 643). (Appeal from Amended Order of Supreme Court, Erie County, Whelan, J.—Support.) Present—Denman, P. J., Green, Balio, Boehm and Fallon, JJ.

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Bluebook (online)

237 A.D.2d 910, 656 N.Y.S.2d 997, Counsel Stack Legal Research, https://law.counselstack.com/opinion/freeman-v-freeman-nyappdiv-1997.

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