MATTER OF DONATO v. LUCARELLI


109 A.D.2d 741 (1985)

In the Matter of Rose Donato, Respondent, v. Nicholas E. Lucarelli, Appellant In the Matter of Nicholas E. Lucarelli, Appellant, v. Rose Donato, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 4, 1985


Order affirmed, insofar as appealed from, with costs.

In a stipulation of divorce the parties agreed that the father should pay 12½% 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...

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