ECHEVERRI v. ECHEVERRI (2000)

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

Fernando ECHEVERRI, Plaintiff-Appellant, v. Emperatriz ECHEVERRI, Defendant-Respondent.

Decided: December 19, 2000

LERNER, J.P., ANDRIAS, SAXE, BUCKLEY and FRIEDMAN, JJ.

Stephen David Fink, for Plaintiff-Appellant.

Order, Supreme Court, New York County (Walter Tolub, J.), entered February 4, 2000, which, inter alia, denied plaintiff's motion to set aside the parties' child support agreement, unanimously affirmed, without costs.

The subject child support agreement was fair and reasonable at the time it was entered into (see, Domestic Relations Law § 236[B][3]), and should not be set aside as noncompliant with Domestic Relations Law § 240(1-b)(h) for having incorrectly stated that, under the Child Support Standards Act, plaintiff's basic child support obligation for the parties' two children would have been 20% or 25% of the parties' combined income. We have considered plaintiff's other arguments and find them to be unavailing.

MEMORANDUM DECISION.

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