Weber v. Coffey, 230 A.D.2d 865 (N.Y. App. Div. 1996). · Go Syfert
Weber v. Coffey, 230 A.D.2d 865 (N.Y. App. Div. 1996). Cases Citing This Book View Copy Cite
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Inasmuch as the father's voluntary decision to leave his lucrative position for a lesser-paying position "unquestionably improved [his overall] financial condition" ( Chisholm v Chisholm , 138 AD2d 829, 830 [3d Dept 1988]), we conclude that we may impute some portion of the wife's higher salary to the father ( see Matter of Deshotel v Mandile , 151 AD3d 1811, 1812 [4th Dept 2017]; Matter of Emery v Bond , 269 AD2d 832, 832 [4th Dept 2000]; cf. Matter of Weber v Coffey , 230 AD2d 865, 865 [2d Dept 1996]).
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In the Matter of Linda N. Weber
v.
Robert D. Coffey
Appellate Division of the Supreme Court of the State of New York.
Aug 19, 1996.
230 A.D.2d 865
Bracken, Copertino, Krausman, Miller.
Cited by 9 opinions  |  Published

—In a proceeding pursuant to Family Court Act article 4 for upward modification of child support, the father appeals, as limited by his brief, from so much of an order of the Family Court, Suffolk County (Freundlich, J.), entered April 21, 1995, as denied his objections to so much of an order of the same court (Base, H.E.), dated January 10, 1995, as, after a hearing, directed him to pay child support in the amount of $141 per week.

Ordered that the order is reversed insofar as appealed from, on the law and as a matter of discretion, and the matter is remitted to the Family Court for de novo determination of the appropriate amount of the father’s child support.

Under all the circumstances presented, including the fact that both parties have remarried, and in the absence of special factors requiring otherwise, we conclude that it was an improvident exercise of discretion to impute to the father any percentage of the income earned by his current spouse in calculating his child support obligations (see, Matter of Dora T. J. v Jean-Paul A. S., 224 AD2d 420; cf., Matter of Ladd v Suffolk County Dept. of Social Servs. [Ladd], 199 AD2d 393).

Bracken, J. P., Miller, Copertino and Krausman, JJ., concur.