Lanzi v. Lanzi

298 A.D.2d 53, 747 N.Y.S.2d 50, 2002 N.Y. App. Div. LEXIS 8290
CourtAppellate Division of the Supreme Court of the State of New York
DecidedSeptember 9, 2002
StatusPublished
Cited by7 cases

This text of 298 A.D.2d 53 (Lanzi v. Lanzi) 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
Lanzi v. Lanzi, 298 A.D.2d 53, 747 N.Y.S.2d 50, 2002 N.Y. App. Div. LEXIS 8290 (N.Y. Ct. App. 2002).

Opinion

OPINION OF THE COURT

Goldstein, J.

At issue here is whether a parent who is institutionalized, totally disabled, and a public charge must use his income to support his medical needs, or must use his income to support his children. We hold that in determining the obligation of an institutionalized parent to pay child support pursuant to the Child Support Standards Act (hereinafter the CSSA; Family Ct Act § 413; Domestic Relations Law § 240), the Family Court must consider both the requirements of the CSSA and Social Services Law § 366-c. When awarding child support, the Family Court is not limited to the “community spouse monthly income allowance” set forth in Social Services Law § 366-c (2) (g) and (h), nor the “family allowance” set forth in Social Services Law § 366-c (2) (i). However, the requirements of Social Services Law § 366-c may not be ignored.

The petitioner, Alice Lanzi, is the “community spouse” of an institutionalized husband who is a public charge. She and her husband have two children under the age of 21 years. The institutionalized spouse, Enzo Lanzi, has income from social security and pension benefits.

The petitioner sought an award of basic child support, educational expenses, and unreimbursed medical expenses for the children from her husband pursuant to Family Court Act § 413. The Family Court Hearing Examiner awarded her basic child support of $785 monthly, and required the husband to pay 77% of the children’s educational expenses ($452 per month) and 77% of the children’s medical expenses unreimbursed by insurance. The Hearing Examiner held that it need [55]*55not consider Social Services Law § 366-c in fashioning its award.

The New York City Department of Social Services (hereinafter DSS) filed objections to the Hearing Examiner’s award, contending, inter alia, that the institutionalized spouse as a public charge had no child support obligation whatsoever. The Family Court denied the objections and DSS appeals.

On appeal, DSS contends that Family Court Act § 413 is “not applicable” to the children of a “community spouse.” The petitioner on the other hand, contends that Social Services Law § 366-c is not applicable to an award of child support pursuant to Family Court Act § 413.

Social Services Law § 366-c (3) (b) sets forth a general rule that income in the name of the institutionalized spouse is considered available only to the institutionalized spouse. In determining the amount of that income to be applied to medical expenses, Social Services Law § 366-c (4) allows the deduction of a personal needs allowance for the institutionalized person, a community spouse monthly income allowance for the spouse of the institutionalized person still living in the community, and a family allowance for each dependent “family member” living with the community spouse. This allocation of income is mandated by federal law applicable to Medicaid (see 42 USC § 1396r-5 [d] [1]).

The “community spouse monthly income allowance” is the amount necessary to make up the difference, if any, between the community spouse’s income from other sources and 150% of the federal poverty line for a family of two plus an excess shelter allowance, if applicable (see Social Services Law § 366-c [2] [g], [h]). DSS may authorize the release of additional funds from the institutionalized spouse’s income to the community spouse, upon a showing of “exceptional circumstances.”

The “exceptional circumstances” test set forth in Social Services Law § 366-c (8) (b) has no application to child support. Social Services Law § 366-c (8) (b) defines “exceptional circumstances” as the needs of the community spouse which result in “significant financial distress” (see Matter of Schachner v Perales, 85 NY2d 316, 323; 18 NYCRR 360-4.10 [a] [10]). Significant financial distress is defined as “exceptional expenses which the community spouse cannot be expected to meet” (emphasis supplied; 18 NYCRR 360-4.10 [a] [10]), while child support deals with the needs and expenses of the children.

The “family allowance” is allowed for each “family member,” defined as “a dependent or minor child, a dependent parent, or [56]*56a dependent sibling of the institutionalized spouse or the community spouse, who resides with the community spouse” (Social Services Law § 366-c [2] [f]). The “family allowance” cannot be equated with the child support obligation which Family Court Act § 413 (1) (a) imposes upon “parents of a child under the age of twenty-one years” (emphasis supplied), whether or not the child resides with the community spouse.

Family Court Act § 413 (1) (c) imposes a “basic child support obligation” upon a parent based upon numerical guidelines which set forth a specific percentage of income. As the Court of Appeals noted in Matter of Dutchess County Dept. of Social Servs. v Day (96 NY2d 149, 154), “[n]othing in the statute or its legislative history suggests that the Legislature intended that the CSSA guidelines were only to be applied to the customary types of child support cases.” Uniformity and consistency of child support awards was a primary concern in enacting the CSSA (see 1989 NY Legis Ann, at 248-249).

Federal statute mandates a rebuttable presumption that “the amount of the award which would result from the application of such guidelines is the correct amount of child support to be awarded” (42 USC § 667 [b] [2]). The Family Court may deviate from the numerical guidelines based upon a finding that “the non-custodial parent’s pro rata share of the basic child support obligation is unjust or inappropriate” based upon certain specific factors. Although a parent’s own medical expenses is not one of the factors specified in Family Court Act § 413 (1) (f), there is a “catch-all” provision, authorizing the Family Court to consider “[a]ny other factors the court determines are relevant in each case” (Family Ct Act § 413 [1] [f] [10]).

Matter of Rose v Moody (83 NY2d 65, cert denied 511 US 1084) held that a statutory mandate requiring an indigent parent to pay $25 per month in child support was illegal under 42 USC § 667 (b) (2) on the ground that that requirement created an irrebuttable presumption for mandatory imposition of a child support obligation. In that case, the parent’s income was from public assistance which is exempt from assignment, transfer, levy or execution (see Social Services Law § 137). In the instant case on the other hand, Enzo Lanzi has income from social security and pension benefits. Family Court Act § 413 (1) (b) (1) and (5) (iii) specifically provide that such benefits must be included in income when determining a parent’s child support obligation. In any event, there is no statutory bar to imposing a child support obligation upon the [57]*57recipient of public assistance (see Matter of Grant v Green, 293 AD2d 540; Aregano v Aregano, 289 AD2d 1081).

In addition to the basic child support obligation, Family Court Act § 413 (1) (c) (5) imposes an obligation upon the noncustodial parent to pay a share of the medical expenses of the child not covered by insurance “in the same proportion” as his or her “income is to the combined parental income.” Further, Family Court Act § 413 (1) (c) (7) states that educational expenses “may” be awarded “[w]here the court determines” such an award is appropriate “having regard for the circumstances of the case and of the respective parties and in the best interests of the child, and as justice requires.”

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Cite This Page — Counsel Stack

Bluebook (online)
298 A.D.2d 53, 747 N.Y.S.2d 50, 2002 N.Y. App. Div. LEXIS 8290, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lanzi-v-lanzi-nyappdiv-2002.