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Phillip v. Phillip

Appellate Division of the Supreme Court of New York, First Department
Nov 9, 1995
221 A.D.2d 189 (N.Y. App. Div. 1995)

Opinion

November 9, 1995

Appeal from the Supreme Court, New York County (David Saxe, J.).


Based upon defendant's failure to disclose required financial information ( 22 NYCRR 202.16 [k] [5]), we infer that his income is at least $45,000, in which event the award of temporary child support, including the direction that defendant pay half of the children's medical and college expenses, was well within the Uniform Child Support Guidelines set forth in Domestic Relations Law § 240 (1-b) ( see, Williamson v Williamson, 196 A.D.2d 743; Deutsch v Deutsch, 209 A.D.2d 359). The award of attorney's fees was also a proper exercise of discretion ( see, DeCabrera v Cabrera-Rosete, 70 N.Y.2d 879). Defendant's remedy for any inequities in the temporary award lies in a prompt trial of the action.

Concur — Sullivan, J.P., Ellerin, Wallach, Asch and Tom, JJ.


Summaries of

Phillip v. Phillip

Appellate Division of the Supreme Court of New York, First Department
Nov 9, 1995
221 A.D.2d 189 (N.Y. App. Div. 1995)
Case details for

Phillip v. Phillip

Case Details

Full title:ANGELA PHILLIP, Respondent, v. MELVIN PHILLIP, Appellant

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

Date published: Nov 9, 1995

Citations

221 A.D.2d 189 (N.Y. App. Div. 1995)
633 N.Y.S.2d 302

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