From Casetext: Smarter Legal Research

Matter of Donato v. Lucarelli

Appellate Division of the Supreme Court of New York, Second Department
Mar 4, 1985
109 A.D.2d 741 (N.Y. App. Div. 1985)

Opinion

March 4, 1985

Appeal from the Family Court, Richmond County (Meyer, J.).


Order affirmed, insofar as appealed from, with costs.

In a stipulation of divorce the parties agreed that the father should pay 12 1/2% of his "net pay" in child support for each of his four children. The court determined that for this purpose, "net pay" meant gross wages, tips and other compensation as reported on the father's W-2 wage statement, plus any income tax refund received, minus all taxes, union dues and pension contributions paid. Upon a review of the record, we find that the court's determination that this interpretation of "net pay" was in accordance with the original intention of the parties was not against the weight of the credible evidence nor contrary to the law. Therefore, its finding and computation of arrears based upon this finding should not be disturbed ( see, Shipman v. Words of Power Missionary Enters., 54 A.D.2d 1052). Titone, J.P., Thompson, O'Connor and Rubin, JJ., concur.


Summaries of

Matter of Donato v. Lucarelli

Appellate Division of the Supreme Court of New York, Second Department
Mar 4, 1985
109 A.D.2d 741 (N.Y. App. Div. 1985)
Case details for

Matter of Donato v. Lucarelli

Case Details

Full title:In the Matter of ROSE DONATO, Respondent, v. NICHOLAS E. LUCARELLI…

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

Date published: Mar 4, 1985

Citations

109 A.D.2d 741 (N.Y. App. Div. 1985)