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Nye v. Nye

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


June 15, 2010

SASHA CUTTER NYE, PLAINTIFF-RESPONDENT,
v.
TIMOTHY NYE, DEFENDANT-APPELLANT.

Order, Supreme Court, New York County (Matthew F. Cooper, J.), entered December 9, 2009, which granted plaintiff's application for child support arrears in the amount of $148,334 and counsel fees of $5,625, unanimously affirmed, without costs.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Andrias, J.P., Saxe, Sweeny, Nardelli, Catterson, JJ.

304191/05

The child support provision in the separation agreement, which was incorporated by reference in the 2005 divorce judgment, called for a voluntary upward modification from the "basic child support obligation." Defendant's argument that this provision failed to comply with the requirements of the Child Support Standards Act (Domestic Relations Law § 240[1-b][h]) is not properly before this Court because he never raised this objection in opposing plaintiff's application for child support arrears in the first place.

In any event, the clause in question did not omit any of the non-waivable statutory requirements that would render the child support obligation void, and it substantially provided each acknowledgment and advisement in compliance with § 240(1-b)(h) and Family Court Act § 413(1)(h) (see Gallet v Wasserman, 280 AD2d 296 [2001]; Blaikie v Mortner, 274 AD2d 95 [2000]).

We have considered defendant's remaining contentions and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20100615

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