Moore v. Shapiro, 30 A.D.3d 1054 (N.Y. App. Div. 2006). · Go Syfert
Moore v. Shapiro, 30 A.D.3d 1054 (N.Y. App. Div. 2006). Cases Citing This Book View Copy Cite
14 citation events (14 in the last 25 years) across 2 distinct courts.
Top citers, strongest first. 8 distinct citers. How cited ↗
discussed Cited as authority (rule) Soldato ex rel. Benson v. Benson
N.Y. App. Div. · 2015 · confidence medium
Respondent, as the parent with the higher income and greater pro rata share of the child support obligation, is therefore the noncustodial parent for support purposes (see Leonard v Leonard, 109 AD3d 126, 128-129 [2013]; Matter of Moore v Shapiro, 30 AD3d 1054, 1055 [2006]), and should have been ordered to pay child support to the mother.
discussed Cited as authority (rule) Soldato ex rel. Benson v. Benson
N.Y. App. Div. · 2015 · confidence medium
Respondent, as the parent with the higher income and greater pro rata share of the child support obligation, is therefore the noncustodial parent for support purposes (see Leonard v Leonard, 109 AD3d 126, 128-129 [2013]; Matter of Moore v Shapiro, 30 AD3d 1054, 1055 [2006]), and should have been ordered to pay child support to the mother.
discussed Cited as authority (rule) Johnston v. Nakis
N.Y. Sup. Ct. · 2014 · confidence medium
Accordingly, “the parent with the higher income, who bears the greater share of the child support obligation, in this case the father, should be deemed the noncustodial parent for the purpose of support.” (Barr v Cannata, 57 AD3d 813, 814 [2d Dept 2008]; see Eberhardt-Davis v Davis, 71 AD3d 1487, 1487-1488 [4th Dept 2010]; Matter of Moore v Shapiro, 30 AD3d 1054, 1055 [4th Dept 2006].) The parties have a complicated employment history, a central feature of which is plaintiffs inherited deaf condition for which she receives Social Security disability (SSD) income on behalf of herself and he…
discussed Cited as authority (rule) Leonard v. Leonard
N.Y. App. Div. · 2013 · confidence medium
It is well settled that in shared residency arrangements, where neither parent has the children for a majority of the time, the party with the higher income is deemed to be the noncustodial parent for purposes of child support (see Matter of Disidoro v Disidoro, 81 AD3d 1228, 1229 [2011], lv denied 17 NY3d 705 [2011]; Eberhardt-Davis v Davis, 71 AD3d 1487, 1487-1488 [2010]; Matter of Moore v Shapiro, 30 AD3d 1054, 1055 [2006]; Baraby v Baraby, 250 AD2d 201, 204 [1998]; see generally Bast v Rossoff, 91 NY2d 723, 726-727 [1998]).
discussed Cited as authority (rule) Leonard v. Leonard
N.Y. App. Div. · 2013 · confidence medium
It is well settled that in shared residency arrangements, where neither parent has the children for a majority of the time, the party with the higher income is deemed to be the noncustodial parent for purposes of child support (see Matter of Disidoro v Disidoro, 81 AD3d 1228, 1229 [2011], lv denied 17 NY3d 705 [2011]; Eberhardt-Davis v Davis, 71 AD3d 1487, 1487-1488 [2010]; Matter of Moore v Shapiro, 30 AD3d 1054, 1055 [2006]; Baraby v Baraby, 250 AD2d 201, 204 [1998]; see generally Bast v Rossoff, 91 NY2d 723, 726-727 [1998]).
discussed Cited as authority (rule) Leonardo v. Leonardo
N.Y. App. Div. · 2012 · confidence medium
The Support Magistrate properly considered the current custodial arrangement in determining which parent was the custodial parent for purposes of child support (see Matter of Hunt v Bartley, 85 AD3d 1275, 1276-1277 [2011]; Matter of Moore v Shapiro, 30 AD3d 1054, 1055 [2006]).
discussed Cited as authority (rule) Eberhardt-Davis v. Davis
N.Y. App. Div. · 2010 · confidence medium
Where “the parents’ custodial arrangement splits the child[ ]’s physical custody so that neither can be said to have physical custody of the child[ ] for a majority of the time, the parent having the greater pro rata share of the child support obligation . . . should be identified as the noncustodial parent for the purpose of [child] support regardless of the labels employed by the parties” (Matter of Moore v Shapiro, 30 AD3d 1054, 1055 [2006] [internal quotation marks omitted]; see also Keeler v Keeler, 306 AD2d 890 [2003]).
discussed Cited as authority (rule) Buren v. Burnett
N.Y. App. Div. · 2009 · confidence medium
Finally, the father, for the first time, raises certain issues on appeal—such as his claim that he should be allowed to take the child as a tax exemption in alternate years—that have not been preserved for our review (see Matter of Moore v Shapiro, 30 AD3d 1054, 1055 [2006]).
Retrieving the full opinion text from the archive…
In the Matter of Ann Marie Moore
v.
Matthew Shapiro
Appellate Division of the Supreme Court of the State of New York.
Jun 9, 2006.
30 A.D.3d 1054
Cited by 14 opinions  |  Published

Appeal from an order of the Family Court, Monroe County (Gail A. Donofrio, J.), entered March 16, 2005 in a proceeding[*1055] pursuant to Family Court Act article 4. The order denied respondent’s objections to the order of the Support Magistrate.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Family Court properly denied respondent’s objections to the Support Magistrate’s order determining that petitioner is the custodial parent for child support purposes and ordering respondent to pay biweekly child support in the amount of $75. “[W]here, as here, the parents’ custodial arrangement splits the child! ]’s physical custody so that neither can be said to have physical custody of the child! 3 for a majority of the time, the parent having the greater pro rata share of the child support obligation . . . should be identified as the ‘noncustodial’ parent for the purpose of support regardless of the labels employed by the parties” (Baraby v Baraby, 250 AD2d 201, 204 [1998]; see Matter of Carlino v Carlino, 277 AD2d 897 [2000]). Here, the Support Magistrate determined that respondent had the greater pro rata share of the child support obligation (see Domestic Relations Law § 240 [1-b]; Bast v Rossoff, 91 NY2d 723, 727 [1998]), and there is no basis on the record before us to disturb that determination. Respondent contends for the first time on appeal that the Support Magistrate erred in refusing to impute a higher income to petitioner and thus that contention is not preserved for our review (see Matter of Ouimet v Ouimet, 186 AD2d 1002 [1992]). In any event, there is no evidence in the record that petitioner willfully reduced her earnings below her earning capacity (see generally Matter of Fries v Price-Yablin, 209 AD2d 1002, 1003 [1994]). Present—Hurlbutt, J.E, Scudder, Martoche, Smith and Hayes, JJ.