Opinion
April 6, 1998
Appeal from the Family Court, Rockland County (Warren, J.).
Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the matter is remitted to the Family Court, Rockland County, for a recalculation of the mother's child support obligation following proceedings, including a hearing if necessary, to determine the father's income; and it is further,
Ordered that until a new order is entered, the mother shall continue to make bi-weekly child support payments of $422.70.
We find no merit to the mother's contention that the parties' son was emancipated, inasmuch as the testimony at the hearing demonstrated that the son was not financially independent ( see, Matter of Alice C. v. Bernard G.C., 193 A.D.2d 97). Nor could the son be deemed constructively emancipated, as there is no basis in the record to conclude that the son withdrew from parental control and supervision ( see, Matter of Parker v. Stage, 43 N.Y.2d 128; Matter of Roe v. Doe, 29 N.Y.2d 188), or unreasonably refused the mother any contact or visitation ( see, Matter of Commissioner of Social Servs. [Jones] v. Jones-Gamble, 227 A.D.2d 618; Cohen v. Schnepf, 94 A.D.2d 783).
The Hearing Examiner determined the father's income to be $15,673.41 based on evidence indicating that he received pension and interest income totalling that amount. The father testified, however, that he worked as an investigator for a Health Maintenance Organization for at least ten weeks in 1996 at a salary of $1,100 per week. This should have been included in the calculation of the father's income ( see, Family Ct. Act § 413 Fam. Ct. Act [1] [b] [5]). Because we cannot determine the father's income on the record before us, we remit the matter for further proceedings to determine the father's income, followed by a recalculation of the mother's child support obligation.
The mother's remaining contentions are without merit.
Bracken, J.P., O'Brien, Copertino and Pizzuto, JJ., concur.