Matter of Paderno v. Shvetsova

Summary

The Appellate Division, Second Department, affirmed an order denying the father's objection to a child-support obligation of $25 per month. The court held that the statutory minimum applied because the father's income was below the poverty guidelines and the circumstances did not warrant departing from that minimum, despite the mother's substantially higher income.

Holdings

1. When the annual basic child-support obligation would reduce the noncustodial parent's income below the poverty-income-guidelines amount, the basic child-support obligation is $25 per month unless the court finds, based on the statutory factors, that the obligation would be unjust or inappropriate.
2. Family Court providently exercised its discretion by refusing to eliminate the $25 monthly child-support obligation.

Questions Presented

1. Whether a noncustodial parent with no income and receiving public assistance should be required to pay the statutory minimum child-support obligation of $25 per month when the obligation would otherwise reduce income below the poverty guidelines.
2. Whether the Family Court abused its discretion by declining to find that the $25 monthly obligation was unjust or inappropriate based on the disparity in the parents' incomes.

Disposition

affirmed