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Matter of Simmons v. Williams

Appellate Division of the Supreme Court of New York, Second Department
Nov 16, 1998
255 A.D.2d 446 (N.Y. App. Div. 1998)

Opinion

November 16, 1998

Appeal from the Family Court, Kings County (Staton, J.).


Ordered that the order is affirmed, without costs or disbursements.

The father contends that the Family Court erred in requiring him to pay child support in accordance with the guidelines set forth in the Child Support Standards Act (hereinafter CSSA) ( see, Family Ct Act § 413) because the resulting support award leaves him unable to meet his own expenses. However, it is well settled that application of the CSSA guidelines creates a rebuttable presumption that child support has been correctly determined ( see, Family Ct Act § 413 [a]; Matter of Graby v. Graby, 87 N.Y.2d 605, 610; Matter of Leyda D. v. John A., 216 A.D.2d 561). The presumption may be rebutted, and the support obligation adjusted, if the court finds that application of the statutory support formula would yield a result that is "unjust or inappropriate" (Family Ct Act § 413 [f]; Matter of Sullivan v. Frank, 239 A.D.2d 591). Here, upon consideration of the statutory factors set forth in Family Court Act § 413 Fam. Ct. Act (1) (f), we reject the father's claim that application of the CSSA guidelines resulted in an unjust or inappropriate support award ( see, Matter of Sullivan v. Frank, supra; Matter of Leyda D. v. John A., supra; Matter of Donna R. v. Robert P., 209 A.D.2d 623).

The father's remaining contentions, raised for the first time on appeal, are not properly before this Court ( see, Family Ct Act § 439 [e]).

Sullivan, J. P., Altman, Krausman and Florio, JJ., concur.


Summaries of

Matter of Simmons v. Williams

Appellate Division of the Supreme Court of New York, Second Department
Nov 16, 1998
255 A.D.2d 446 (N.Y. App. Div. 1998)
Case details for

Matter of Simmons v. Williams

Case Details

Full title:In the Matter of DELILAH SIMMONS, Respondent, v. DARRELL WILLIAMS…

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

Date published: Nov 16, 1998

Citations

255 A.D.2d 446 (N.Y. App. Div. 1998)
680 N.Y.S.2d 570

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