Schieble v. Schieble

Appellate Division of the Supreme Court of New York

Schieble v. Schieble

133 A.D.2d 527, 519 N.Y.S.2d 1023, 1987 N.Y. App. Div. LEXIS 50006

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

DecidedSeptember 30, 1987

StatusPublished

This text of 133 A.D.2d 527 (Schieble v. Schieble) 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

Schieble v. Schieble, 133 A.D.2d 527, 519 N.Y.S.2d 1023, 1987 N.Y. App. Div. LEXIS 50006 (N.Y. Ct. App. 1987).

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Opinion

Order unanimously modified on the law and in the exercise of discretion and as modified affirmed without costs, in accordance with the following memorandum: Family Court abused its discretion by limiting its upward modification of child support from $60 to $75 per week. The court placed undue emphasis upon the debts that respondent accumulated following his remarriage in 1982 and failed to recognize that respondent’s obligation to repay the subpay loan from his employer ($100 per week) was satisfied by the time of the court’s award. The record indicates that petitioner earns about $10,000 annually and respondent earns in excess of $30,000. Respondent’s wife also earns nearly $10,000 per year. We find that an award of $100 per week for child support is warranted by the record. (Appeals from order of Erie County Family Court, Sedita, J.—modification of child support.) Present—Dillon, P. J., Denman, Green, Balio and Davis, JJ.

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Order unanimously modified on the law and in the exercise of discretion and as modified affirmed without costs, in accordance with the following memorandum: Family Court abused its discretion by limiting its upward modification of child support from $60 to $75 per week. The court placed undue emphasis upon the debts that respondent accumulated following his remarriage in 1982 and failed to recognize that respondent’s obligation to repay the subpay loan from his employer ($100 per week) was satisfied by the time of the court’s award. The record indicates that petitioner earns about $10,000 annually and respondent earns in excess of $30,000. Respondent’s wife also earns nearly $10,000 per year. We find that an award of $100 per week for child support is warranted by the record. (Appeals from order of Erie County Family Court, Sedita, J.—modification of child support.) Present—Dillon, P. J., Denman, Green, Balio and Davis, JJ.

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Bluebook (online)

133 A.D.2d 527, 519 N.Y.S.2d 1023, 1987 N.Y. App. Div. LEXIS 50006, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schieble-v-schieble-nyappdiv-1987.