McBride v. Luther

Appellate Division of the Supreme Court of New York

McBride v. Luther

124 A.D.2d 1056, 508 N.Y.S.2d 735, 1986 N.Y. App. Div. LEXIS 62416

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

DecidedNovember 10, 1986

StatusPublished

Cited by2 cases

This text of 124 A.D.2d 1056 (McBride v. Luther) 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

McBride v. Luther, 124 A.D.2d 1056, 508 N.Y.S.2d 735, 1986 N.Y. App. Div. LEXIS 62416 (N.Y. Ct. App. 1986).

Pincite

Opinion

Petitioner resides in a three-bedroom town house with her [1057]*1057four children, two of whom were determined to be respondent’s children. Although petitioner claimed to have monthly expenses exceeding her income by nearly $800, her financial affidavit reveals relatively minor debts, most of which were incurred prior to commencement of this proceeding. Respondent has a net spendable income of some $25 to $45 per week. Both parties are employed, with petitioner earning about $25,000 per year (including her annual bonus) and respondent earning some $21,000 annually.

In view of respondent’s limited ability to pay, we find the court’s award of child support in the sum of $90 per week to be excessive and reduce the award to $45 per week. Based upon this modification, the judgment of arrears is vacated, and arrears are correspondingly reduced to $4,095 (91 weeks times $45), which respondent is hereby ordered to satisfy by weekly payments of $15.

We also find the award of counsel fees to be excessive and reduce that award to $750, including costs and disbursements. We have considered respondent’s remaining contentions and find them to be without merit. (Appeal from order of Monroe County Family Court, Willis, J. — paternity and support.) Present — Doerr, J. P., Boomer, Green, Pine and Balio, JJ.

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Petitioner resides in a three-bedroom town house with her [1057]*1057four children, two of whom were determined to be respondent’s children. Although petitioner claimed to have monthly expenses exceeding her income by nearly $800, her financial affidavit reveals relatively minor debts, most of which were incurred prior to commencement of this proceeding. Respondent has a net spendable income of some $25 to $45 per week. Both parties are employed, with petitioner earning about $25,000 per year (including her annual bonus) and respondent earning some $21,000 annually.

In view of respondent’s limited ability to pay, we find the court’s award of child support in the sum of $90 per week to be excessive and reduce the award to $45 per week. Based upon this modification, the judgment of arrears is vacated, and arrears are correspondingly reduced to $4,095 (91 weeks times $45), which respondent is hereby ordered to satisfy by weekly payments of $15.

We also find the award of counsel fees to be excessive and reduce that award to $750, including costs and disbursements. We have considered respondent’s remaining contentions and find them to be without merit. (Appeal from order of Monroe County Family Court, Willis, J. — paternity and support.) Present — Doerr, J. P., Boomer, Green, Pine and Balio, JJ.

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Bluebook (online)

124 A.D.2d 1056, 508 N.Y.S.2d 735, 1986 N.Y. App. Div. LEXIS 62416, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcbride-v-luther-nyappdiv-1986.

Opinion

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