Opinion
2018–08027 Docket No. F–2656–15
04-24-2019
In the Matter of Melissa FIRENZE, Appellant, v. Frederick ESTEVEZ, Respondent.
Steven L. Abel, Nyack, NY, for appellant.
Steven L. Abel, Nyack, NY, for appellant.
WILLIAM F. MASTRO, J.P., JOHN M. LEVENTHAL, JOSEPH J. MALTESE, VALERIE BRATHWAITE NELSON, JJ.
DECISION & ORDERORDERED that the order dated May 24, 2018, is affirmed, without costs or disbursements.
In this support proceeding pursuant to Family Court Act article 4, the mother filed a petition seeking, inter alia, to modify a prior support order dated July 29, 2016, which, among other things, directed the father to pay for 50% of child care expenses, so as to direct the father to pay the sum of $ 500 per month for child care expenses. In an order dated March 22, 2018, the Support Magistrate dismissed that portion of the petition, finding that certain child care expenses incurred by the mother varied by month, and thus, that "the Court [was] unable to ascertain a set amount of expenses ... to which it could apply [the father's] 50% pro rata share." Thereafter, the mother filed objections to the order dated March 22, 2018. In an order dated May 24, 2018, the Family Court denied the mother's objections, and the mother appeals from that order.
Contrary to the mother's contention, the Support Magistrate was not required to direct the father to pay a sum certain for child care expenses, as opposed to his pro rata share of those expenses (see Family Ct Act § 413[1][c][4] ). Further, the mother failed to demonstrate consistent child care expenses, warranting a directive that the father pay the sum of $500 per month for those expenses.The mother's remaining contentions are without merit.
Accordingly, we agree with the Family Court's determination denying the mother's objections to the order dated March 22, 2018.
MASTRO, J.P., LEVENTHAL, MALTESE and BRATHWAITE NELSON, JJ., concur.