Freeman v. Freeman

• Decision Date: 30 March 2010
• Citation: 71 A.D.3d 1143,898 N.Y.S.2d 65
• Parties: In the Matter of Allana FREEMAN, respondent, v. Dean FREEMAN, appellant.
• Court: New York Supreme Court — Appellate Division

898 N.Y.S.2d 65 71 A.D.3d 1143 In the Matter of Allana FREEMAN, respondent, v. Dean FREEMAN, appellant. Supreme Court, Appellate Division, Second Department, New York. March 30, 2010.

Barton R. Resnicoff, Great Neck, N.Y., for appellant.

Glenn J. Ingoglia, Island Park, N.Y., for respondent.

STEVEN W. FISHER, J.P., JOSEPH COVELLO, PLUMMER E. LOTT, and SANDRA L. SGROI, JJ.

In a child support proceeding pursuant to Family Court Act article 4, the father appeals, as limited by his brief, from so much of an order of the Family Court, Suffolk County (Hoffmann, J.), dated May 13, 2009, as granted his objection to so much of an order of the same court (Rodriguez, S.M.) dated February 26, 2009, as, after a hearing, and upon, in effect, vacating an adjusted order of support dated August 16, 2008, issued by the Suffolk County Child Support Collection Unit, directed him to pay child support in the bi-weekly sum of $1,656, only to the extent of reducing his child support obligation to the bi-weekly sum of $1,165.

ORDERED that the order is affirmed insofar as appealed from, with costs.

In a judgment of divorce dated July 29, 2003, the marriage of the parties, who had two children, was dissolved. Pursuant to the judgment of divorce, the father was required to pay the mother, who had custody of the children, child support in the bi-weekly sum of $636. Subsequently, in an order of the Family Court, Suffolk County, dated July 28, 2004, the father was required to make his child support payments through the Suffolk County Support Collection Unit (hereinafter the SCU).

In a cost-of-living adjustment order (hereinafter the COLA order) dated August 18, 2008, the SCU increased the father's child support obligation to the bi-weekly sum of $713. Even though the father's child support obligation was increased, the mother, who sought to have that obligation increased even further, submitted a written objection to the COLA order in the Family Court, as she was entitled to do ( see Family Ct. Act § 413-a[3][a]; see generally Matter of Tompkins County Support Collection Unit v. Chamberlin, 99 N.Y.2d 328, 335, 756 N.Y.S.2d 115, 786 N.E.2d 14).

In an order dated February 26, 2009 (hereinafter the Support Magistrate's order), a Support Magistrate, after conducting a hearing, in effect, vacated the COLA order, and calculated the father's child support obligation pursuant to the Child Support Standards Act (hereinafter the CSSA) ( see Family Ct. Act § 413-a[3][b][1] ). In calculating the father's child support obligation pursuant to the CSSA, the Support Magistrate, inter alia, applied the statutory child support percentage of 25% ( seeFamily Ct. Act § 413[1][b][3] [ii] ) to the amount of combined parental income exceeding $80,000. Consequently, the Support Magistrate directed the father to pay child support in the bi-weekly sum of $1,656. The father filed certain objections to the Support Magistrate's order ( see Family Ct. Act...