Barletta v. Faden
| Decision Date | 18 December 2019 |
| Docket Number | 2018–05511,Docket No. F–12295–17/17A |
| Citation | 112 N.Y.S.3d 535 (Mem),178 A.D.3d 918 |
| Parties | In the MATTER OF Barbara Anne BARLETTA, Respondent, v. Brad J. FADEN, Appellant. |
| Court | New York Supreme Court — Appellate Division |
178 A.D.3d 918
112 N.Y.S.3d 535 (Mem)
In the MATTER OF Barbara Anne BARLETTA, Respondent,
v.
Brad J. FADEN, Appellant.
2018–05511
Docket No. F–12295–17/17A
Supreme Court, Appellate Division, Second Department, New York.
Submitted—October 11, 2019
December 18, 2019
Brad J. Faden, Boca Raton, Florida, appellant pro se.
Kommer Bave & Ollman LLP, New Rochelle, N.Y. (Rachel F. Ciccone of counsel), for respondent.
WILLIAM F. MASTRO, J.P. COLLEEN D. DUFFY BETSY BARROS VALERIE BRATHWAITE NELSON, JJ.
DECISION & ORDER
In a proceeding pursuant to Family Court Act article 4, the father appeals from an order of the Family Court, Westchester County (Arlene E. Katz, J.), entered April 10, 2018. The order denied the father's objections to (1) so much of an order of disposition of the same court (Carol Ann Jordan, S.M.) entered February 6, 2018, upon findings of fact also entered April 10, 2018, as, after a hearing, determined that he owed the sum of $187,505.27 in child support arrears and directed the entry of a money judgment, and (2) an order of the same court (Carol Ann Jordan, S.M.), also entered February 6, 2018, directing the entry of a money judgment.
ORDERED that the order entered April 10, 2018, is reversed, on the law, with costs, the father's objections are granted, so much of the order of disposition entered February 6, 2018, as determined that the father owed the sum of $187,505.27 in child support arrears and directed the entry of a money judgment, and the order entered February 6, 2018, directing the entry of a money judgment are vacated, the findings of fact are modified accordingly, and the matter is remitted to the Family Court, Westchester County, for a fact-finding hearing and a new determination of the amount of child support arrears owed by the father.
The parties were divorced in October 2004, and are the parents of three children. In September 2017, the mother commenced this proceeding pursuant to Family Court Act article 4 against the father, alleging that although the youngest child had been emancipated in May 2015, the father owed the mother arrears for basic child support and add-on expenses
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