Opinion
1423 CAF 15-00146.
12-31-2015
In the Matter of Isidro FIGUEROA, Jr., Petitioner–Appellant, v. Annette FIGUEROA, Respondent–Respondent.
Legal Assistance of Western New York, Inc., Geneva (Mollie A. Dapolito of Counsel), for Petitioner–Appellant. Cecily G. Molak, Lyons, for Respondent–Respondent.
Legal Assistance of Western New York, Inc., Geneva (Mollie A. Dapolito of Counsel), for Petitioner–Appellant.
Cecily G. Molak, Lyons, for Respondent–Respondent.
Opinion
MEMORANDUM:
Petitioner father appeals from an order denying his objections to the order of the Support Magistrate, who denied in part his petitions seeking a downward modification of his child support obligation. The Support Magistrate imputed income to the father in determining his child support obligation. “[I]n determining a party's child support obligation, a court need not rely upon the party's own account of his or her finances, but may impute income based upon the party's past income or demonstrated earning potential” (Belkhir v. Amrane–Belkhir, 118 A.D.3d 1396, 1397, 988 N.Y.S.2d 746 [internal quotation marks omitted]; see Matter of Hurd v. Hurd, 303 A.D.2d 928, 928–929, 757 N.Y.S.2d 170). We agree with the father that, in imputing income to him, the Support Magistrate erred in relying on facts that were not in evidence (see Matter of Mentor v. De Lorme, 17 A.D.3d 1012, 1012–1013, 794 N.Y.S.2d 212). We therefore reverse the order and remit the matter to Family Court for a new hearing. In light of our determination, we do not consider the father's remaining contentions.
It is hereby ORDERED that the order so appealed from is unanimously reversed on the law without costs and the matter is remitted to Family Court, Wayne County, for a new hearing.
SCUDDER, P.J., SMITH, CENTRA, PERADOTTO, and CARNI, JJ., concur.