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Freeman v. Freeman

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 14, 1997
237 A.D.2d 910 (N.Y. App. Div. 1997)

Opinion

March 14, 1997.

Amended order unanimously modified on the law and as modified affirmed without costs in accordance with the following

Present — Denman, P.J., Green, Balio, Boehm and Fallon, JJ.


Supreme Court erred in ordering defendant to turn over to plaintiff, on a yearly basis, his tax returns and all other relevant information for the purpose of recalculating his child support obligation based upon the Child Support Standards Act (CSSA). The terms of the parties' stipulation of settlement establish that the parties did not contemplate such an annual review of their financial circumstances ( cf., Kremler v Kremler, 199 AD2d 901, 902). Moreover, the CSSA does not provide for the annual modification of a party's child support obligations ( see, Domestic Relations Law § 240 [1-b]). "We conclude that the court improperly imposed that additional requirement under the guise of contract construction ( see, Slatt v Slatt, 64 NY2d 966, 967, rearg denied 65 NY2d 785; Matter of Tillim v Fuks, 221 AD2d 642, 643). (Appeal from Amended Order of Supreme Court, Erie County, Whelan, J. — Support.)


Summaries of

Freeman v. Freeman

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 14, 1997
237 A.D.2d 910 (N.Y. App. Div. 1997)
Case details for

Freeman v. Freeman

Case Details

Full title:SUE ANN FREEMAN, Respondent, v. RICHARD FREEMAN, Appellant. (Appeal No. 1.)

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Mar 14, 1997

Citations

237 A.D.2d 910 (N.Y. App. Div. 1997)
656 N.Y.S.2d 997