in Matter of Galina Ross v. Ross

Appellate Division of the Supreme Court of New York

in Matter of Galina Ross v. Ross

90 A.D.3d 669, 933 N.Y.2d 885

Appellate Division of the Supreme Court of the State of New York·Decided December 6, 2011·Published·Cited by 4 cases

Opinion

The Family Court reasonably found that the father has the ability to pay child support in the sum of $716.32 per month {see Family Ct Act § 413). “A support magistrate is afforded considerable discretion in determining whether to impute income to a parent” (Matter of Julianska v Majewski, 78 AD3d 1182, 1183 [2010]), and we accord deference to a support magistrate’s credibility determinations (see Matter of Feng Lucy [670] Luo v Yang, 89 AD3d 946, 947 [2d Dept 2011]; Matter of Tsarova v Tsarov, 59 AD3d 632, 633 [2009]). Here, the Support Magistrate’s findings regarding the father’s income, which were based on credibility determinations, are supported by the record. Accordingly, they should not be disturbed (see Matter of Gebaide v McGoldrick, 74 AD3d 966, 967 [2010]; Matter of Kennedy v Ventimiglia, 73 AD3d 1066 [2010]).

The father’s remaining contentions either are without merit or refer to matter dehors the record. Florio, J.E, Hall, Austin and Cohen, JJ., concur.

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The Family Court reasonably found that the father has the ability to pay child support in the sum of $716.32 per month {see Family Ct Act § 413). “A support magistrate is afforded considerable discretion in determining whether to impute income to a parent” (Matter of Julianska v Majewski, 78 AD3d 1182, 1183 [2010]), and we accord deference to a support magistrate’s credibility determinations (see Matter of Feng Lucy [670] Luo v Yang, 89 AD3d 946, 947 [2d Dept 2011]; Matter of Tsarova v Tsarov, 59 AD3d 632, 633 [2009]). Here, the Support Magistrate’s findings regarding the father’s income, which were based on credibility determinations, are supported by the record. Accordingly, they should not be disturbed (see Matter of Gebaide v McGoldrick, 74 AD3d 966, 967 [2010]; Matter of Kennedy v Ventimiglia, 73 AD3d 1066 [2010]).

The father’s remaining contentions either are without merit or refer to matter dehors the record. Florio, J.E, Hall, Austin and Cohen, JJ., concur.

in Matter of Galina Ross v. Ross, 90 A.D.3d 669, 933 N.Y.2d 885 (N.Y. Ct. App. 2011).

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Opinion

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