Summary
The New York Appellate Division, Second Department, affirmed an order denying the father's objections to a child-support determination. The court upheld imputing full-time minimum-wage income to the father and requiring him to pay weekly child support, childcare expenses, and retroactive support.
Holdings
- The notice of appeal from the May 27, 2025 order was deemed a premature notice of appeal from the July 2, 2025 Family Court order.
- The Support Magistrate did not improvidently exercise her discretion by imputing full-time minimum-wage income to the father.
- The Support Magistrate properly directed the father to pay his pro rata share of the child's daycare and pre-kindergarten expenses as a childcare add-on.
Questions Presented
- Whether the father's appeal from the Support Magistrate's order could be treated as a premature notice of appeal from the Family Court's subsequent order denying his objections.
- Whether the Support Magistrate improvidently exercised her discretion by imputing full-time minimum-wage income to the father.
- Whether the Support Magistrate properly ordered the father to pay his pro rata share of the child's daycare and pre-kindergarten expenses as a childcare add-on.
Disposition
affirmed
Cases Cited (13)
- Matter of Rasberry v Fernandez, 238 AD3d 879(followed)
- Nosratabdi v Aroni, 198 AD3d 976, 978(followed)
- Johnson v Johnson, 172 AD3d 1654, 1656(followed)
- Matter of Nesterenko v Reshetilov, 247 AD3d 1041, 1041(followed)
- Matter of Coughlan v Coughlan, 218 AD3d 569, 570-571(followed)
- Malkani v Malkani, 208 AD3d 864, 865(followed)
- Tuchman v Tuchman, 201 AD3d 986, 990(followed)
- Matter of Evans v Evans, 186 AD3d 1684, 1684(followed)
- Matter of Glaudin v Glaudin, 213 AD3d 762, 763(followed)
- Matter of Cutaia v Cutaia, 241 AD3d 546, 547(followed)
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Cited In (0)
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Court Document
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