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SANTANA v. SANTANA

51 A.D.3d 542 (2008)

859 N.Y.S.2d 49

HILDA SANTANA, Appellant, v. PEDRO SANTANA, Respondent.

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

Decided May 22, 2008.

Several errors were made in determining child support. First, the court applied the statutory 25% percentage applicable to two children despite unrebutted testimony that the parties' younger daughter (born in July 1990) has been living with defendant. Defendant should not have to pay plaintiff basic child support for this child as of the time the child began living with him. Second, the court incorrectly calculated the parties'...

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