Citation Numbers: 72 A.D.3d 1141, 898 N.Y.S.2d 293
Judges: Peters
Filed Date: 4/1/2010
Status: Precedential
Modified Date: 11/1/2024
Appeal from an order of the Family Court of Schoharie County (Bartlett, III, J.), entered June 18, 2008, which granted petitioner’s application, in a proceeding pursuant to Family Ct Act article 4, to direct respondent to pay child support.
In April 2007, petitioner commenced the instant proceeding seeking child support for three of the parties’ five children, all of whom live with her in Louisiana. A hearing ensued, at the conclusion of which the Support Magistrate imputed $38,690 of annual income to respondent and established his weekly child support obligation. Family Court denied respondent’s objections to the Support Magistrate’s order, prompting this appeal.
Family Court properly sustained the Support Magistrate’s determination imputing an annual income of $38,690 to respondent. “It is well settled that a parent’s child support obligation is determined by his or her ability to provide support, rather than the parent’s current financial situation” (Matter of Rubley v Longworth, 35 AD3d 1129, 1130 [2006] [citations omitted], lv denied 8 NY3d 811 [2007]; see Matter of Kelly v Bovee, 9 AD3d 641, 641 [2004]). Nor is a court constrained by a parent’s account of his or her finances. Rather, it is accorded considerable discretion to impute income based on the parent’s prior employment experience and future earning capacity (see Bean v Bean, 53 AD3d 718, 722 [2008]; Matter of Kelly v Bovee, 9 AD3d at 642; Orlando v Orlando, 222 AD2d 906, 907 [1995], lv dismissed and denied 87 NY2d 1052 [1996]).
Here, the sole financial documentation provided by respon
Finally, as to respondent’s contention that he did not receive the effective assistance of counsel, there is no right to counsel in a proceeding to establish an order of child support (see Family Ct Act §§ 261, 262). Thus, absent extraordinary circum
Malone Jr., Kavanagh, McCarthy and Garry, JJ., concur. Ordered that the order is affirmed, without costs.
. According to respondent, he has been residing rent-free with his fiancée and otherwise lives “on the good kindness of [his fiancée] and other family members.”
. While respondent argued in his objections that he possesses a “restricted” commercial driver’s license, we find no error in Family Court’s refusal to consider the issue inasmuch as there was no testimony to that effect during the hearing nor any indication or assertion that a restricted license would impact his ability and potential to earn income (see Matter of Redmond v Easy, 18 AD3d 283, 283-284 [2005]).