Nye v. Nye

Appellate Division of the Supreme Court of New York

Nye v. Nye

74 A.D.3d 564, 902 N.Y.S.2d 345

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

DecidedJune 15, 2010

StatusPublished

This text of 74 A.D.3d 564 (Nye v. Nye) 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

Nye v. Nye, 74 A.D.3d 564, 902 N.Y.S.2d 345 (N.Y. Ct. App. 2010).

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Opinion

[565]*565Order, Supreme Court, New York County (Matthew F. Cooper, J.), entered December 9, 2009, which granted plaintiffs application for child support arrears in the amount of $148,334 and counsel fees of $5,625, unanimously affirmed, without costs.

The child support provision in the separation agreement, which was incorporated by reference in the 2005 divorce judgment, called for a voluntary upward modification from the “basic child support obligation.” Defendant’s argument that this provision failed to comply with the requirements of the Child Support Standards Act (Domestic Relations Law § 240 [1-b] [h]) is not properly before this Court because he never raised this objection in opposing plaintiffs application for child support arrears in the first place.

In any event, the clause in question did not omit any of the nonwaivable statutory requirements that would render the child support obligation void, and it substantially provided each acknowledgment and advisement in compliance with section 240 (1-b) (h) and Family Court Act § 413 (1) (h) (see Gallet v Wasserman, 280 AD2d 296 [2001]; Blaikie v Mortner, 274 AD2d 95 [2000]).

We have considered defendant’s remaining contentions and find them unavailing. Concur—Andrias, J.P., Saxe, Sweeny, Nardelli and Catterson, JJ.

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[565]*565Order, Supreme Court, New York County (Matthew F. Cooper, J.), entered December 9, 2009, which granted plaintiffs application for child support arrears in the amount of $148,334 and counsel fees of $5,625, unanimously affirmed, without costs.

The child support provision in the separation agreement, which was incorporated by reference in the 2005 divorce judgment, called for a voluntary upward modification from the “basic child support obligation.” Defendant’s argument that this provision failed to comply with the requirements of the Child Support Standards Act (Domestic Relations Law § 240 [1-b] [h]) is not properly before this Court because he never raised this objection in opposing plaintiffs application for child support arrears in the first place.

In any event, the clause in question did not omit any of the nonwaivable statutory requirements that would render the child support obligation void, and it substantially provided each acknowledgment and advisement in compliance with section 240 (1-b) (h) and Family Court Act § 413 (1) (h) (see Gallet v Wasserman, 280 AD2d 296 [2001]; Blaikie v Mortner, 274 AD2d 95 [2000]).

We have considered defendant’s remaining contentions and find them unavailing. Concur—Andrias, J.P., Saxe, Sweeny, Nardelli and Catterson, JJ.

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Bluebook (online)

74 A.D.3d 564, 902 N.Y.S.2d 345, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nye-v-nye-nyappdiv-2010.

Opinion

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