Maderas v. Turner

Appellate Division of the Supreme Court of New York

Maderas v. Turner

50 A.D.2d 770, 1975 N.Y. App. Div. LEXIS 11566

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

DecidedDecember 16, 1975

StatusPublished

Cited by1 cases

This text of 50 A.D.2d 770 (Maderas v. Turner) 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

Maderas v. Turner, 50 A.D.2d 770, 1975 N.Y. App. Div. LEXIS 11566 (N.Y. Ct. App. 1975).

Pincite

Opinion

— Order entered in the Family Court, New York County, on May 12, 1975 directing respondent-appellant to pay the sum of $239.50 per month for the support of the parties’ child, unanimously modified, on the law and the facts, so as to reduce the support payments to the sum of $195.00 per month and, as so modified, affirmed, without costs or disbursements. The record supports the Family Court’s findings that the infant’s mother, who is in good health, earns approximately $14,000 per year. Section 414 of the Family Court Act provides that if the father is incapable of supporting his child, the mother, if possessed of sufficient means, may be required to support the child. She is likewise required to contribute if the father is unable to pay the full amount required for the child’s support (Department of Welfare of City of NY v Siebel, 6 NY2d 536). The respondent father has been certified by the Social Security Administration and by the Veterans’ Administration as being 100% disabled. He has no assets and his income consists solely of limited benefits derived from Social Security and the Veterans’ Administration. Under the circumstances herein we find the award excessive and so we modify same to the extent indicated. Concur— Markewich, J. P., Murphy, Lupiano, Lane and Nunez, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

— Order entered in the Family Court, New York County, on May 12, 1975 directing respondent-appellant to pay the sum of $239.50 per month for the support of the parties’ child, unanimously modified, on the law and the facts, so as to reduce the support payments to the sum of $195.00 per month and, as so modified, affirmed, without costs or disbursements. The record supports the Family Court’s findings that the infant’s mother, who is in good health, earns approximately $14,000 per year. Section 414 of the Family Court Act provides that if the father is incapable of supporting his child, the mother, if possessed of sufficient means, may be required to support the child. She is likewise required to contribute if the father is unable to pay the full amount required for the child’s support (Department of Welfare of City of NY v Siebel, 6 NY2d 536). The respondent father has been certified by the Social Security Administration and by the Veterans’ Administration as being 100% disabled. He has no assets and his income consists solely of limited benefits derived from Social Security and the Veterans’ Administration. Under the circumstances herein we find the award excessive and so we modify same to the extent indicated. Concur— Markewich, J. P., Murphy, Lupiano, Lane and Nunez, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

50 A.D.2d 770, 1975 N.Y. App. Div. LEXIS 11566, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maderas-v-turner-nyappdiv-1975.

Opinion

Related

Cite This Page — Counsel Stack