In the Matter of Neil Gebaide v. Mcgoldrick
| Decision Date | 08 June 2010 |
| Citation | 901 N.Y.S.2d 857,2010 N.Y. Slip Op. 04998,74 A.D.3d 966 |
| Parties | In the Matter of Neil GEBAIDE, appellant,v.Susan Gebaide McGOLDRICK, respondent. |
| Court | New York Supreme Court — Appellate Division |
OPINION TEXT STARTS HERENeil Gebaide, Forest Hills, N.Y., appellant pro se.
In a child support proceeding pursuant to Family Court Act article 4, the father appeals from an order of the Family Court, Queens County (Hunt, J.), dated July 17, 2009, which denied his objections to an order of the same court (Borofsky, S.M.), dated May 22, 2009, which, after a hearing, inter alia, directed the mother to pay child support in the sum of only $63 per week.
ORDERED that the order dated July 17, 2009, is affirmed, without costs or disbursements.
“ ‘A Support Magistrate is afforded considerable discretion in determining whether to impute income to a parent ... and that determination may properly be based upon a parent's prior employment experience’ ” ( Matter of Genender v. Genender, 51 A.D.3d 669, 670, 858 N.Y.S.2d 673, quoting Matter of Bibicoff v. Orfanakis, 48 A.D.3d 680, 681, 852 N.Y.S.2d 324; see Matter of Hurd v. Hurd, 303 A.D.2d 928, 757 N.Y.S.2d 170), “money, goods, or services provided by relatives and friends” (Family Ct. Act § 413[1][b][5][iv][D]; see Ivani v. Ivani, 303 A.D.2d 639, 757 N.Y.S.2d 89), or the income such parent is capable of earning “by honest efforts, given his [or her] education and opportunities” ( Kay v. Kay, 37 N.Y.2d 632, 637, 376 N.Y.S.2d 443, 339 N.E.2d 143; see Matter of Genender v. Genender, 51 A.D.3d 669, 670, 858 N.Y.S.2d 673; Matter of Thompson v. Perez, 42 A.D.3d 503, 504, 838 N.Y.S.2d 789). Contrary to the father's contention, the amount of income imputed to the mother by the Support Magistrate was supported by the record.
The father's remaining contentions are without merit.
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