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RUBIN v. DELLA SALLA

8889.

107 A.D.3d 60 (2013)

964 N.Y.S.2d 41

2013 NY Slip Op 2681

MARA RUBIN, Respondent, v. ANTHONY DELLA SALLA, Appellant. MARA RUBIN, Appellant, v. ANTHONY DELLA SALLA, Respondent.

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

Decided April 18, 2013.

Attorney(s) appearing for the Case

Kasowitz, Benson, Torres & Friedman LLP, New York City ( Eleanor B. Alter , Maxine R. Shapiro and Matthew Hrutkay of counsel), for Anthony Della Salla, appellant/respondent.

Advocate & Lichtenstein, LLP, New York City ( Jason A. Advocate of counsel), for Mara Rubin, respondent/appellant.

FRIEDMAN, J.P., RENWICK and ROMÁN, JJ., concur with RICHTER, J; ACOSTA, J., dissents in part in a separate opinion.

OPINION OF THE COURT

RICHTER, J.

In this appeal, we are asked to decide whether a parent who has primary physical custody of a child in a shared custody arrangement where the time is not equally divided can be ordered to pay child support to the other parent. We conclude that based on the plain language of the Child Support Standards Act, its legislative history, and its interpretation by the Court of Appeals, a custodial parent who has the child a majority...

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