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MATTER OF BARRETT v. BARRETT

202 A.D.2d 1066 (1994)

608 N.Y.S.2d 971

In the Matter of Donald R. Barrett, Respondent, v. Diane P. Barrett, Appellant

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

March 11, 1994

Order unanimously reversed on the law without costs and matter remitted to Suffolk County Family Court for further proceedings in accordance with the following Memorandum: The Hearing Examiner failed to set forth the factors it considered when it found that respondent's pro-rata share of the basic child support obligation is unjust or inappropriate (see, Family Ct Act § 413 [1] [g]). Consideration of those factors is mandatory and nonwaivable (Family Ct Act &...

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