MATTER OF MASSEY v. EVANS

CAF 09-00537

68 A.D.3d 79 (2009)

2009 NY Slip Op 6933

886 N.Y.S.2d 280

In the Matter of TAKIYAH S. MASSEY, Respondent, v. DAVID A. EVANS, Appellant.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided October 2, 2009.


Attorney(s) appearing for the Case

Segal & Greenberg, LLP, New York City (Philip C. Segal of counsel), for appellant.

David J. Paulsen, County Attorney, Watertown (Kari K. Anderson of counsel), for respondent.

MARTOCHE, J.P., SMITH, CARNI and GREEN, JJ., concur.


OPINION OF THE COURT

PERADOTTO, J.

The sole issue presented in this appeal is whether military allowances for food and housing constitute "income" for the purposes of calculating a parent's child support obligation. Respondent father contends that Family Court erred in determining that his basic allowances for housing and subsistence (respectively, BAH and BAS), which he receives as a member of the United States Army, are income for child support purposes...

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