Kerr v. Bell

178 A.D.2d 1, 581 N.Y.S.2d 879, 1992 N.Y. App. Div. LEXIS 4144
CourtAppellate Division of the Supreme Court of the State of New York
DecidedMarch 26, 1992
StatusPublished
Cited by16 cases

This text of 178 A.D.2d 1 (Kerr v. Bell) 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
Kerr v. Bell, 178 A.D.2d 1, 581 N.Y.S.2d 879, 1992 N.Y. App. Div. LEXIS 4144 (N.Y. Ct. App. 1992).

Opinion

OPINION OF THE COURT

Crew III, J.

The parties were married in December 1970 and five children were born of the marriage. The couple separated in August 1989 and, initially, all five children resided with respondent. An order directing petitioner to pay child support in the amount of $67.10 per week and $5 per week for arrears was entered in April 1990. On April 27, 1990 the youngest of the five children was removed from respondent’s custody and now resides with petitioner. In June 1990 petitioner commenced this proceeding pursuant to Family Court Act article 4 seeking, inter alia, support for the child of whom she has custody or a modification of the prior order directing child support payments to respondent.

Following a hearing, the Hearing Examiner found that all five children were unemancipated and required support. He found petitioner’s adjusted weekly gross income to be $236.39 and the corresponding figure for respondent to be $258.84. He [3]*3was of the opinion that treating the two households separately as a one-child household and a four-child household pursuant to the guidelines of the Child Support Standards Act (hereinafter CSSA) contained in Family Court Act § 413 (1) (c) would result in an inequitable support amount.

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Bluebook (online)
178 A.D.2d 1, 581 N.Y.S.2d 879, 1992 N.Y. App. Div. LEXIS 4144, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kerr-v-bell-nyappdiv-1992.