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MATTER OF CODY v. EVANS-CODY

291 A.D.2d 27 (2001)

735 N.Y.S.2d 181

In the Matter of EDWARD J. CODY, III, Appellant, v. AMY S. EVANS-CODY, Respondent.

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

December 24, 2001.

Attorney(s) appearing for the Case

Owen & Eddy, White Plains (R. Christopher Owen of counsel), for appellant.

Amy S. Evans-Cody, Cochise, Arizona, respondent pro se.

RITTER, J. P., KRAUSMAN and LUCIANO, JJ., concur.

OPINION OF THE COURT

H. MILLER, J.

The petitioner father has sole custody of the parties' three children. The issue on this appeal is whether the Family Court erred in failing to consider the respondent mother's inheritance in calculating her child support obligation. For the reasons which follow, we conclude that the Family Court erred in failing to award additional child support based upon this resource.

The relevant facts are not in dispute. On...

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