A father who has custody of his son a majority of the year cannot be made to pay child support to the son’s mother, even though the father has $20 million in assets and the mother has no income at all, a divided state appellate panel ruled yesterday.
The 4-1 Appellate Division, First Department, panel ruled in Rubin v. Della Salla, 350047/09, that because the father, Anthony Della Salla, has custody of the son 56 percent of the year, he is the custodial parent, and for that reason cannot be ordered to pay child support under New York’s Child Support Standards Act.
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