Matter of McCloskey v. Fleming

Summary

The New York Supreme Court, Appellate Division, Second Department affirmed an order denying the father's objections to a child-support modification order. The court held that rental income from the father's real property was properly imputed and that the record did not establish that the support obligation reduced his income below the statutory self-support reserve.

Holdings

1. The Support Magistrate providently exercised her discretion by imputing rental income from the father's Yonkers property because the father presented no evidence that the income should be discounted or disregarded based on property-related expenses.
2. The father's challenge to the self-support-reserve calculation failed because the record contained insufficient evidence to substantiate that his child-support obligation reduced his income below the statutory reserve.
3. The Family Court properly denied the father's objections to the Support Magistrate's modified support order.

Questions Presented

1. Whether the Support Magistrate properly imputed rental income from the father's Yonkers property in calculating child support.
2. Whether the record established that the father's child-support obligation reduced his income below New York's self-support reserve.
3. Whether the Family Court properly denied the father's objections to the modified support order.

Disposition

affirmed