ESQ HQNEW YORK LAW WATCH

Appellate Division, Second Department · September 30, 2026 · 2026 NY Slip Op 05531

Matter of Gathers v Gathers

Read the official decision: 2026 NY Slip Op 05531

Holding The Appellate Division reversed the Family Court’s denial of the father’s objections, holding that the Support Magistrate erred by including a one-time holiday payment in the calculation of the father’s gross income. The court remitted the matter for a recalculation of the basic child support obligation after excluding that nonrecurring payment.

The court’s words

The Support Magistrate should have treated this one-time payment as a nonrecurring event and excluded that payment from the father's income for child support purposes

2026 NY Slip Op 05531, at the official text

the Support Magistrate is required to begin the support calculation with the parent's gross income 'as should have been or should be reported in the most recent federal income tax return'

2026 NY Slip Op 05531, at the official text
CourtAppellate Division, Second Department
DecidedSeptember 30, 2026
Citation2026 NY Slip Op 05531
Area of lawFamily Law
WeekWeek ending October 3, 2026
Official textOfficial decision: 2026 NY Slip Op 05531
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id706

Recommended citation

ESQ HQ, New York Law Watch, Matter of Gathers v Gathers, 2026 NY Slip Op 05531 (Appellate Division, Second Department, September 30, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05531/

How this record was made

Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.

Read how Law Watch works

Published September 30, 2026. Updated September 30, 2026.