AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Advocates
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Advocates
Judges

NORMA ARCINIEGA, Respondent, v. MARIO ARCINIEGA, Appellant.

Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the defendant's contentions, the Supreme Court properly exercised its discretion in denying his request for the appointment of a Law Guardian or other forensic expert ( see Family Court Act § 249; Frizzell v Frizzell, 177 AD2d 825, 826). His request for an attorney's fee was also properly denied because there was no evidence that the plaintiff's conduct in opposing his various applications for downward modification of child support and for reargument were frivolous or undertaken primarily to delay or prolong the resolution of the litigation, or to harass or maliciously injure him ( see 22 NYCRR 130-1.1; Rennie-Otote v Otote, 15 AD3d 380, 381; Hamilton v Cordero, 10 AD3d 702, 703). Additionally, his request for a prospective termination of his child support obligation when each of the parties' children reach age 18 was properly denied, as a parent's obligation to support his or her minor children continues until age 21 ( see Family Ct Act § 413; Matter of Roe v Doe, 29 NY2d 188, 192-193) and the judgment of divorce required the payment of support to age 21 ( see Schiffman v Schiffman, 79 AD2d 971).

The defendant's contention that he made excess child support payments because his consent to the stipulation of settlement was not valid and enforceable is without merit.

Use AI to get other relevant cases.

Comments

ARCINIEGA v. ARCINIEGA
(Feb 19, 2008)