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By order dated May 28, 1999 (the May order), petitioner was
obligated to pay biweekly child support of $318.46, plus the
“entire mortgage” on the marital residence. As best can be
determined from the record, the reference to the “entire
mortgage” in the May order did not require petitioner to pay
completely the then-outstanding balance on the mortgage; rather
it required him to continue to make the then-in-effect $1,200
monthly mortgage payments (plus any arrearage). The May order
suggests that $600 (one-half) of the monthly mortgage payment is
attributable to petitioner’s former spouse and child, and he is
given credit for this amount against his “CSSA obligation” of
$1,290 per month support obligation otherwise determined in that
order.
Taking into account various relevant factors under New York
law, petitioner’s monthly support obligation is expressly
calculated in the May order as follows: “$600 for payment of
mortgage [on the marital residence] for spouse and child --
leaving his support obligation of $690 per month or $318.46 bi-
weekly”.
At the time the May order was issued petitioner was
apparently making the mortgage payments directly to the
mortgagee. This changed at some point, and petitioner became
obligated to pay to his former spouse the $600 described above.
This change is reflected in an order dated February 10, 2000 (the
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Last modified: May 25, 2011