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Fourth Department — Matrimonial — Child Support: Weinheimer v. Weinheimer

Appellate Division, Fourth Department

Matrimonial — Child Support

Financial Need — Attorney’s Fees

Weinheimer v. Weinheimer
CAF 12-00699
Appealed from Supreme Court, Erie County

Background: The plaintiff wife argued that the court failed to award her a sufficient amount of maintenance and erred in denying her request for child support. She further argued that she ought to have been awarded attorney’s fees.

Ruling: The Appellate Division modified the maintenance award, but otherwise affirmed.  The court found that the court had underestimated the defendant’s income by 20 percent. However, during the pendency of the action, the daughter did not live at home and attended college. She was working part-time while in college and her tuition was paid by student loans. The plaintiff did not allege that the child’s needs were not being met. In addition, the plaintiff did not submit documentation identifying the services rendered by her attorney or the value of those services.

Grace Marie Ange of Ange & Ange for the plaintiff-appellant; Melissa A. Cavagnaro of Lipsitz Green Scime Cambria for the defendant-respondent