Opinion
01-25-2017
In the Matter of Shiran BARMOHA, respondent, v. Roman EISAYEV, appellant.
Flora Rainer, Glendale, N.Y., for appellant. Beth Goldman, New York, N.Y. (Amanda Beltz of counsel), for respondent.
Flora Rainer, Glendale, N.Y., for appellant.
Beth Goldman, New York, N.Y. (Amanda Beltz of counsel), for respondent.
WILLIAM F. MASTRO, J.P., MARK C. DILLON, RUTH C. BALKIN, and JOSEPH J. MALTESE, JJ.
Appeal from an order of the Family Court, Kings County (Robert D. Mulroy, J.), dated August 10, 2015. The order denied the father's objections to an order of that court (Michael R. Milsap, S.M.), dated February 11, 2015, which directed him to pay basic child support, and to an order of that court (Mirna Mompelas, S.M.), dated April 24, 2015, which directed him to pay child care costs.
ORDERED that the order dated August 10, 2015, is affirmed, with costs.
In support proceedings, 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" (Family Ct. Act § 413[1][b][5][I] ). The support magistrate is afforded considerable discretion in determining whether to impute income to a parent, rather than relying on a party's account of his or her finances (see Family Ct. Act § 413 [1 ][B][5][v]; Matter of Kameneva v. Hughes, 138 A.D.3d 854, 855, 28 N.Y.S.3d 343 ; Matter of Bustamante v. Donawa, 119 A.D.3d 559, 560, 987 N.Y.S.2d 889 ; Siskind v. Siskind, 89 A.D.3d 832, 834, 933 N.Y.S.2d 60 ). The support magistrate is not bound by a party's version of his or her finances or financial documentation (see Matter of Barnett v. Ruotolo, 49 A.D.3d 640, 854 N.Y.S.2d 155 ). "The court is also permitted to consider current income figures for the tax year not yet completed" (Matter of Azrak v. Azrak, 60 A.D.3d 937, 938, 876 N.Y.S.2d 439 ; see Matter of Lynn v. Kroenung, 97 A.D.3d 822, 949 N.Y.S.2d 144 ). The support magistrate's determinations of credibility are accorded great weight on appeal (see Diaz v.
Diaz, 129 A.D.3d 658, 659, 10 N.Y.S.3d 314 ; Matter of Toumazatos v. Toumazatos, 125 A.D.3d 870, 1 N.Y.S.3d 838 ; Matter of Martin v. Cooper, 96 A.D.3d 849, 947 N.Y.S.2d 526 ).
Here, the Support Magistrate providently exercised her discretion in determining the father's income based on personal and corporate tax returns, and imputing income based on the following year's salary. This determination was supported by the record and should not be disturbed on appeal (see Matter of Kameneva v. Hughes, 138 A.D.3d at 855, 28 N.Y.S.3d 343).
The Support Magistrate was presented with enough evidence to determine the father's gross income, including income imputed to the father, and, thus, properly calculated the father's child support obligation based on the statutory formula rather than the needs of the child (see Family Ct. Act § 413 [1 ][k]; Matter of Graves v. Smith, 284 A.D.2d 332, 333, 725 N.Y.S.2d 367 ).
The mother's testimony, as well as submission of proof of her payment of the monthly bill for the tuition for day care in the form of a letter from the child's day care provider, was sufficient evidence of the costs of child care expenses (see Martin v. Martin, 92 A.D.3d 646, 937 N.Y.S.2d 886 ; Matter of Lewis v. Redhead, 5 A.D.3d 600, 601, 774 N.Y.S.2d 62 ; Matter of Jones v. Jones, 239 A.D.2d 419, 420, 657 N.Y.S.2d 202 ).
Accordingly, the Family Court properly denied the father's objections to the orders of the Support Magistrates.