Adams v. Adams

Appellate Division of the Supreme Court of New York

Adams v. Adams

92 A.D.3d 942, 938 N.Y.2d 912

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 28, 2012

StatusPublished

This text of 92 A.D.3d 942 (Adams v. Adams) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Adams v. Adams, 92 A.D.3d 942, 938 N.Y.2d 912 (N.Y. Ct. App. 2012).

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Opinion

The Support Magistrate correctly determined the basic child support obligation. A Support Magistrate is afforded “considerable discretion” in determining a parent’s income (Matter of Julianska v Majewski, 78 AD3d 1182, 1183 [2010]). Indeed, contrary to the father’s contention, the Support Magistrate did not base the child support calculation on the father’s regular income rate. Rather, the Support Magistrate determined the father’s overall 2010 income by adding the regular rate of pay through the end of August 2010 to the reduced salary rate for the period of September through December 2010. The determi[943]*943nation was supported by the documentary evidence and the father’s testimony. The Support Magistrate also properly computed the basic child support obligation based on the father’s pro rata share of the total parental income for 2010 (see Family Ct Act § 413 [1] [c]). Rivera, J.E, Angiolillo, Leventhal and Cohen, JJ., concur.

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The Support Magistrate correctly determined the basic child support obligation. A Support Magistrate is afforded “considerable discretion” in determining a parent’s income (Matter of Julianska v Majewski, 78 AD3d 1182, 1183 [2010]). Indeed, contrary to the father’s contention, the Support Magistrate did not base the child support calculation on the father’s regular income rate. Rather, the Support Magistrate determined the father’s overall 2010 income by adding the regular rate of pay through the end of August 2010 to the reduced salary rate for the period of September through December 2010. The determi[943]*943nation was supported by the documentary evidence and the father’s testimony. The Support Magistrate also properly computed the basic child support obligation based on the father’s pro rata share of the total parental income for 2010 (see Family Ct Act § 413 [1] [c]). Rivera, J.E, Angiolillo, Leventhal and Cohen, JJ., concur.

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Bluebook (online)

92 A.D.3d 942, 938 N.Y.2d 912, Counsel Stack Legal Research, https://law.counselstack.com/opinion/adams-v-adams-nyappdiv-2012.

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