MATTER OF GRABY v. GRABY


87 N.Y.2d 605 (1996)

664 N.E.2d 488

641 N.Y.S.2d 577

In the Matter of Kenneth N. Graby, Respondent, v. Janet Graby, Appellant.

Court of Appeals of the State of New York.

Decided February 8, 1996.


Attorney(s) appearing for the Case

Elizabeth A. Hendy, Geneva, for appellant.

Buck, Danaher, Ryan & McGlenn, Elmira (John R. McGlenn of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, BELLACOSA, SMITH, LEVINE and CIPARICK concur.


TITONE, J.

Petitioner, a noncustodial parent, seeks to reduce his court-ordered child support obligation calculated pursuant to Family Court Act § 413. The question presented is whether Social Security disability benefits paid to the parties' children on the basis of the noncustodial parent's disability should be included as income of that parent and credited against his support obligation. We answer that...

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