Youngs v. Youngs, 162 AD3d 1185, 78 NYS3d 458 [3d Dept 2018]
Jun 07, 2018OUTCOME: Ms. Hirsch's client prevailed in that father was not entitled to child support from the mother in spite of mother having less parenting time with children than father.
During pendency of mother's divorce proceeding (mother was represented by Ms. Hirsch) against father, the parties entered into an oral stipulation agreeing to share joint legal custody of children, wit ... h father having primary physical custody and specified parenting time to mother. Following judgment of divorce incorporating, but not merging, stipulation and postnuptial agreement in which parties agreed that neither would be responsible to pay child support, father filed modification petition seeking child support from mother. The Family Court, Saratoga County, Jensen, J., dismissed objections to Support Magistrate's dismissal of petition. Father appealed.
