Matter of Kerri Lee M. v Stephen A.R.
2008 NY Slip Op 01992 [49 AD3d 289]
March 6, 2008
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 14, 2008


In the Matter of Kerri Lee M., Respondent,
v
Stephen A.R., Appellant.

[*1] Howard M. Simms, New York City, for appellant.

Order, Family Court, New York County (Gloria Sosa-Lintner, J.), entered on or about January 30, 2006, which denied respondent's objection to the support magistrate's order of support, unanimously reversed, on the law, without costs, and the matter remanded to Family Court for further proceedings consistent herewith.

Based on the disparity in income between the parties and the shared custody arrangement, there was no basis in the record for the support magistrate to depart from the basic child support obligation (Family Ct Act § 413 [1] [c]). In view of the relative circumstances of the parties, it was particularly onerous to compel respondent to pay 60% of petitioner's child care expenses.

This matter is remanded to recalculate the amounts owed pursuant to the basic child support obligation. Concur—Andrias, J.P., Friedman, Williams, Buckley and Sweeny, JJ.