Opinion
No. 2022-07793 Docket No. F-12321-19/21C
07-12-2023
In the Matter of Daniel J. Coughlan, appellant, v. Mirla Coughlan, respondent.
Guttridge & Cambareri, P.C., White Plains, NY (John C. Guttridge and Scott Stone of counsel), for appellant.
Guttridge & Cambareri, P.C., White Plains, NY (John C. Guttridge and Scott Stone of counsel), for appellant.
ANGELA G. IANNACCI, J.P., PAUL WOOTEN, HELEN VOUTSINAS, LILLIAN WAN, JJ.
DECISION & ORDER
In a proceeding pursuant to Family Court Act article 4, the father appeals from an order of the Family Court, Westchester County (Nilda Morales Horowitz, J.), entered September 15, 2022. The order denied the father's objections to an order of the same court (Rosa Cabanillas-Thompson, S.M.) dated May 9, 2022, which, after a hearing, dismissed the father's petition for an upward modification of the mother's child support obligation.
ORDERED that the order entered September 15, 2022, is affirmed, without costs or disbursements.
The parties have two children together. In an order dated August 1, 2019, the Family Court directed the mother to pay $188 per week in child support and a pro rata share of unreimbursed medical costs. In January 2021, the father filed a petition for an upward modification of the mother's child support obligation. In an order dated May 9, 2022, made after a hearing, the Support Magistrate found that the record did not clearly establish the mother's current annual income from her secondary employment as a waitress, and therefore imputed additional income of $19,855 from this source, for a total annual income of $36,962.84. The Support Magistrate declined to impute income based on deposits in the mother's checking account, or gifts and loans she had received. Although the father established a substantial change in his income since the order dated August 1, 2019, was issued, the Support Magistrate determined that the adjusted gross income of the parties would not result in an upward modification of the mother's child support obligation, and accordingly dismissed the father's petition. In an order entered September 15, 2022, the court denied the father's objections to the Support Magistrate's order. The father appeals.
In determining child support obligations, "a court need not rely upon a party's own account of his [or her] finances, but may impute income based upon the party's past income or demonstrated future potential earnings" (Malkani v Malkani, 208 A.D.3d 863, 865 [alterations and internal quotation marks omitted]; see Tuchman v Tuchman, 201 A.D.3d 986, 990). "The court may impute income to a party based on his or her employment history, future earning capacity, educational background, or money received from friends and relatives" (Tuchman v Tuchman, 201 A.D.3d at 990 [internal quotation marks omitted]; see Domestic Relations Law § 240[1-b][b][5][iv], [v]; Nosratabdi v Aroni, 198 A.D.3d 976, 977; Matter of Scheppy v Kelly-Scheppy, 145 A.D.3d 903, 903; Matter of Napoli v Koller, 140 A.D.3d 1070, 1071). "A support magistrate is afforded considerable discretion in determining whether to impute income to a parent, and we accord great deference to credibility determinations of the support magistrate, who is in the best position to assess the credibility of the witnesses and the evidence proffered" (Matter of Evans v Evans, 186 A.D.3d 1684, 1684 [internal quotation marks omitted]; see Matter of Glaudin v Glaudin, 213 A.D.3d 762, 763; Matter of Grace v Amabile, 181 A.D.3d 602, 604). Here, the amount of income imputed to the mother by the Support Magistrate is supported by the record and should not be disturbed (see Matter of Grace v Amabile, 181 A.D.3d at 604; Matter of Decillis v Decillis, 152 A.D.3d 512, 513; Matter of Gebaide v McGoldrick, 74 A.D.3d 966; Matter of Kennedy v Ventimiglia, 73 A.D.3d 1066).
The father's remaining contention is unpreserved for appellate review and, in any event, without merit.
IANNACCI, J.P., WOOTEN, VOUTSINAS and WAN, JJ., concur.