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Palmieri v. La Conti

Appellate Division of the Supreme Court of New York, Second Department
Sep 8, 1997
242 A.D.2d 537 (N.Y. App. Div. 1997)

Opinion

September 8, 1997

Appeal from the Family Court, Suffolk County (Dunn, J.).


Ordered that the order is affirmed, with costs.

Contrary to the father's contention, the Family Court properly concluded that there was sufficient evidence in the record to support the Hearing Examiner's determination that the child support award should be based upon the father's yearly income of $159,000 (Family Ct Act § 413 [b] [5]).

Furthermore, the Hearing Examiner did not improvidently exercise her discretion by declining to consider the father's obligation to provide for his four other children from his marriage in determining his responsibility to support his fifth child born out of wedlock (Family Ct Act § 413 [f]; see, Matter of Picciullo v. Collein, 226 A.D.2d 643). In determining whether the full amount of support under the standard guideline would be unjust or inappropriate, the court may consider the needs of the children of the noncustodial parent who are not the subject of the support proceeding and for whom the noncustodial parent is providing support ( see, Family Ct Act § 413 [f] [8]). However, the court may only take this factor into consideration where the resources available to support such children are less than the resources available to support the children who are the subject of the proceeding. In the present case, the evidence does not support such a finding.

The father's remaining contentions are without merit.

Miller, J.P., Pizzuto, Joy and Krausman, JJ., concur.


Summaries of

Palmieri v. La Conti

Appellate Division of the Supreme Court of New York, Second Department
Sep 8, 1997
242 A.D.2d 537 (N.Y. App. Div. 1997)
Case details for

Palmieri v. La Conti

Case Details

Full title:In the Matter of THERESA PALMIERI, Respondent, v. NICHOLAS LA CONTI…

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

Date published: Sep 8, 1997

Citations

242 A.D.2d 537 (N.Y. App. Div. 1997)
662 N.Y.S.2d 78

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