HERLITZ-FERGUSON v. HERLITZ-FERGUSON


48 A.D.3d 418 (2008)

851 N.Y.S.2d 272

SUSANNE HERLITZ-FERGUSON, Respondent, v. MARK HERLITZ-FERGUSON, Appellant.

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

Decided February 5, 2008.


Ordered that the order, as amended, is modified, on the facts and in the exercise of discretion, by deleting the provisions thereof directing the defendant to pay 48% of statutory add-ons and 30% of private school tuition; as so modified, the order, as amended, is affirmed insofar as appealed from, without costs or disbursements.

The defendant's contention that the Supreme Court improperly imputed income to him in determining his child support obligation is without...

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