202 A.D.2d 1066 608 N.Y.S.2d 971

In the Matter of Donald R. Barrett, Respondent, v Diane P. Barrett, Appellant.

[608 NYS2d 971]

—Order unanimously reversed on the law without costs and matter remitted to Suffolk County Family Court for further proceedings in accordance with the following Memorandum: The Hearing Examiner failed to set forth the factors it considered when it found that respondent’s pro-rata share of the basic child support obligation is unjust or inappropriate (see, Family Ct Act § 413 [1] [g]). Consideration of those factors is mandatory and nonwaivable (Family Ct Act § 413 [1] [g]). We remit the matter, therefore, for findings in accordance with Family Court Act § 413 (1) (g) and a de novo hearing.

We have considered respondent’s remaining contentions and find them to be without merit. (Appeal from Order of Suffolk County Family Court, Abrams, J. — Child Support.) Present— Green, J. P., Balio, Fallon, Doerr and Boehm, JJ.

Barrett v. Barrett
202 A.D.2d 1066 608 N.Y.S.2d 971

Case Details

Name
Barrett v. Barrett
Decision Date
Mar 11, 1994
Citations

202 A.D.2d 1066

608 N.Y.S.2d 971

Jurisdiction
New York

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