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Matter of Barry v. McWeeney

Appellate Division of the Supreme Court of New York, Second Department
Jul 13, 1998
252 A.D.2d 523 (N.Y. App. Div. 1998)

Opinion

July 13, 1998

Appeal from the Family Court, Rockland County (Warren, J.).


Ordered that the order is affirmed, with costs.

Contrary to the father's contention, Family Court Act § 413 Fam. Ct. Act (the Child Support Standards Act) is applicable in a proceeding to modify a child support order based on the provisions of a separation agreement which predates that statute's enactment ( see, Family Ct Act § 413 [ l]; [3] [a]). Neither the child, who is not a party to the agreement, nor the court, which may adjust support provisions in the best interests of the child, is bound by the terms of a separation agreement ( see, Family Ct Act § 461 [a]; Matter of Boden v. Boden, 42 N.Y.2d 210; Pecora v. Cerillo, 207 A.D.2d 215).

The father's objections to the amount of child support fixed by the Family Court are without merit. Although the Hearing Examiner increased the basic child support obligation from $60 per week, as provided in the parties' 1985 separation agreement, to $175 per week, he rejected a higher amount proposed by the local Support Collection Unit as "unjust and inappropriate" (Family Ct Act § 413 [f] based upon the father's new household ( see, Family Ct Act § 413 [f] [8]; Matter of Griffin v. Janik, 185 A.D.2d 635). The record supports the adjusted child support award.

The father's remaining contentions are without merit.

Ritter, J. P., Santucci, Joy and Florio, JJ., concur.


Summaries of

Matter of Barry v. McWeeney

Appellate Division of the Supreme Court of New York, Second Department
Jul 13, 1998
252 A.D.2d 523 (N.Y. App. Div. 1998)
Case details for

Matter of Barry v. McWeeney

Case Details

Full title:In the Matter of PATRICIA (McWEENEY) BARRY, Respondent v. PATRICK…

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

Date published: Jul 13, 1998

Citations

252 A.D.2d 523 (N.Y. App. Div. 1998)
675 N.Y.S.2d 287