Opinion
2011-09-27
In the Matter of Linda HICKS, respondent,v.John HICKS, appellant.
John Hicks, Holmes, N.Y., appellant pro se.Linda Giampia–Hicks, Pawling, N.Y., respondent pro se.
In a child support proceeding pursuant to Family Court Act article 4, the father appeals, as limited by his brief, from so much of an order of the Family Court, Dutchess County (Posner, J.), dated August 20, 2010, as denied his objections to so much of an order of the same court (Kaufman, S.M.) entered July 2, 2010, as, after a hearing, directed him to pay child support in the amount of $200 per week.
ORDERED that the order dated August 20, 2010, is affirmed insofar as appealed from, with costs.
There is no merit to the father's contention that the Support Magistrate erred in entering an order of support without knowledge of the father's income ( see
Family Ct. Act. § 413[1][c][1], [2]; cf. Family Ct. Act. § 424–a[b] ). Where, as here, there is insufficient evidence to determine gross income, the Child Support Standards Act provides that “the court shall order child support based upon the needs or standard of living of the child, whichever is greater” (Family Ct. Act. § 413[1][k]; see Matter of Tsarova v. Tsarov, 59 A.D.3d 632, 875 N.Y.S.2d 84). The Support Magistrate properly determined the amount of support based on the evidence adduced at the hearing, which included evidence of the child's needs and expenses ( see Matter of Ennis v. Pina, 78 A.D.3d 830, 831, 910 N.Y.S.2d 366; Matter of Tsarova v. Tsarov, 59 A.D.3d 632, 875 N.Y.S.2d 84; Matter of Genender v. Genender, 51 A.D.3d 669, 858 N.Y.S.2d 673).
The father's remaining contentions are not properly before this Court as they were not raised in his objections to the Support Magistrate's order dated July 2, 2010 ( see Matter of Betancourt v. Betancourt, 71 A.D.3d 764, 765, 895 N.Y.S.2d 739; Matter of Forman v. Frost, 67 A.D.3d 908, 909, 888 N.Y.S.2d 218; Matter of Primus v. Mason–Primus, 63 A.D.3d 743, 744, 879 N.Y.S.2d 732; Matter of Corr v. Corr, 3 A.D.3d 567, 770 N.Y.S.2d 649).
SKELOS, J.P., ENG, AUSTIN and MILLER, JJ., concur.