Schuler v. Schuler

Appellate Division of the Supreme Court of New York

Schuler v. Schuler

195 A.D.2d 562, 601 N.Y.S.2d 838, 1993 N.Y. App. Div. LEXIS 7356

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

DecidedJuly 19, 1993

StatusPublished

This text of 195 A.D.2d 562 (Schuler v. Schuler) 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

Schuler v. Schuler, 195 A.D.2d 562, 601 N.Y.S.2d 838, 1993 N.Y. App. Div. LEXIS 7356 (N.Y. Ct. App. 1993).

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Opinion

In a support proceeding pursuant to Family Court Act article 4, the mother appeals from (1) an order of the Family Court, Suffolk County (Auperin, J.), entered February 1, 1991, which vacated a judgment of the same court entered January 12, 1990, for [563]*563support arrears, and (2) an order of the same court, also entered February 1, 1991, which, inter alia, failed to award arrears in child support.

Ordered that the orders are affirmed, with one bill of costs.

Under the parties’ separation agreement and judgment of divorce, the father was required to pay a percentage of his income for child support. Since the separation agreement also explicitly recognized that the father’s income would vary, there was no violation of the judgment of divorce when the father made reduced child support payments during the period he was on strike (see generally, Matter of Sandra L. v John L., 125 Misc 2d 858). Bracken, J. P., Balletta, Eiber, O’Brien and Pizzuto, JJ., concur.

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In a support proceeding pursuant to Family Court Act article 4, the mother appeals from (1) an order of the Family Court, Suffolk County (Auperin, J.), entered February 1, 1991, which vacated a judgment of the same court entered January 12, 1990, for [563]*563support arrears, and (2) an order of the same court, also entered February 1, 1991, which, inter alia, failed to award arrears in child support.

Ordered that the orders are affirmed, with one bill of costs.

Under the parties’ separation agreement and judgment of divorce, the father was required to pay a percentage of his income for child support. Since the separation agreement also explicitly recognized that the father’s income would vary, there was no violation of the judgment of divorce when the father made reduced child support payments during the period he was on strike (see generally, Matter of Sandra L. v John L., 125 Misc 2d 858). Bracken, J. P., Balletta, Eiber, O’Brien and Pizzuto, JJ., concur.

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Bluebook (online)

195 A.D.2d 562, 601 N.Y.S.2d 838, 1993 N.Y. App. Div. LEXIS 7356, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schuler-v-schuler-nyappdiv-1993.

Opinion

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