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Abellard v. Aime

Appellate Division of the Supreme Court of New York, Second Department
May 16, 2005
18 A.D.3d 653 (N.Y. App. Div. 2005)

Opinion

2004-03378.

May 16, 2005.

In a child support proceeding pursuant to Family Court Act article 4, the petitioner appeals from an order of the Family Court, Queens County (Richroath, J.), dated March 15, 2004, which denied his objections to an order of the same court (Hickey, S.M.), dated February 18, 2004, which, after a hearing, denied his petition for a downward modification of his child support obligation.

Before: Prudenti, P.J., Adams, Rivera and Fisher, JJ., concur.


Ordered that the order is affirmed, without costs or disbursements.

Contrary to the petitioner's contention, the Family Court properly considered the assistance he received from his father in calculating his child support obligation ( see Domestic Relations Law § 240 [1-b] [b] [5] [iv] [D]; Mellen v. Mellen, 260 AD2d 609, 609-610; Lapkin v. Lapkin, 208 AD2d 474) by imputing the loans the petitioner received from his father as income ( see Matter of Yaroshenko v. Kats, 7 AD3d 806).


Summaries of

Abellard v. Aime

Appellate Division of the Supreme Court of New York, Second Department
May 16, 2005
18 A.D.3d 653 (N.Y. App. Div. 2005)
Case details for

Abellard v. Aime

Case Details

Full title:In the Matter of YVON ABELLARD, Appellant, v. EDITH AIME, Respondent

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 16, 2005

Citations

18 A.D.3d 653 (N.Y. App. Div. 2005)
795 N.Y.S.2d 652

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