Summary
In Matter of Taylor v. Benedict, 136 A.D.3d 1295, 24 N.Y.S.3d 546 (4th Dept.2016), a father testified that he was currently unemployed, but that he had worked for a company “off and on” for over five years, making $10 per hour, and that he did not have any medical disabilities preventing him from working.
Summary of this case from Carney v. CarneyOpinion
02-05-2016
In the Matter of Kathryn TAYLOR, Petitioner–Respondent, v. Joseph BENEDICT, Respondent–Appellant.
Anthony J. Cervi, Buffalo, for Respondent–Appellant. Bonnie A. McLaughlin, Buffalo, for Petitioner–Respondent.
Anthony J. Cervi, Buffalo, for Respondent–Appellant.
Bonnie A. McLaughlin, Buffalo, for Petitioner–Respondent.
MEMORANDUM:Respondent father appeals from an order denying his objections to the order of the Support Magistrate, who granted petitioner mother's petition seeking an upward modification of the father's child support obligation. We reject the father's contention that the record does not support the Support Magistrate's imputation of income to him. "[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 ] ). At the hearing, the father testified that he was currently unemployed, but that he had worked for a company "off and on" for over five years, making $10 per hour, and that he did not have any medical disabilities preventing him from working. Family Court determined that the Support Magistrate imputed income to the father of $20,800 per year, and we conclude that the determination is supported by the record and was based on the relevant factors (see Lauzonis v. Lauzonis, 105 A.D.3d 1351, 1351, 964 N.Y.S.2d 796 ; Matter of Monroe County Support Collection Unit v. Wills, 21 A.D.3d 1331, 1331, 801 N.Y.S.2d 650, lv. denied 6 N.Y.3d 705, 811 N.Y.S.2d 337, 844 N.E.2d 792 ). The father's remaining contentions are not properly before us because they were not raised in his objections to the Support Magistrate's order (see Matter of Farruggia v. Farruggia, 125 A.D.3d 1490, 1490, 3 N.Y.S.3d 859 ; Matter of Cattaraugus County Dept. of Social Servs. v. Roberts, 81 A.D.3d 1318, 1318, 916 N.Y.S.2d 562 ).
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.
WHALEN, P.J., CENTRA, PERADOTTO, CARNI, and SCUDDER, JJ., concur.