MATTER OF WILTSIE v. WILTSIE


245 A.D.2d 887 (1997)

666 N.Y.S.2d 823

In the Matter of Susan Wiltsie, Respondent, v. Donald Wiltsie, Appellant. (And Another Related Proceeding.)

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

December 24, 1997


Mercure, J.

We agree with respondent's initial contention, that Family Court erred in classifying $20,211.55 in lump-sum pension and profit-sharing plan distributions to him as extraordinary nonrecurring payments under Family Court Act § 413 (1) (e) rather than as "income" under Family Court Act § 413 (1) (c), as the Hearing Examiner had done. In reaching its conclusion, Family Court reasoned that...

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