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MATTER OF GRAVES v. SMITH

284 A.D.2d 332 (2001)

725 N.Y.S.2d 367

In the Matter of VALERIE GRAVES, Respondent, v. JAHA SMITH, Also Known as CHARLES SMITH, Appellant.

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

Decided June 4, 2001.

Ordered that the order dated June 1, 2000, is reversed, on the law, without costs or disbursements, and the matter is remitted to the Family Court, Kings County, for a new determination of the issue of child support in accordance herewith.

The court erred in basing the amount of the child support obligation on the child's needs. There is no basis for the court's departure from the basic child support obligation as stated in Domestic Relations Law § 240 (1-b)...

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