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MATTER OF LEE M. v. STEPHEN A.R.

49 A.D.3d 289 (2008)

851 N.Y.S.2d 873

In the Matter of KERRI LEE M., Respondent, v. STEPHEN A.R., Appellant.

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

Decided March 6, 2008.

Based on the disparity in income between the parties and the shared custody arrangement, there was no basis in the record for the support magistrate to depart from the basic child support obligation (Family Ct Act § 413 [1] [c]). In view of the relative circumstances of the parties, it was particularly onerous to compel respondent to pay 60% of petitioner's child care expenses.

This matter is remanded to recalculate...

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