Levin v. Blum

• Decision Date: 05 December 2018
• Docket Number: 2018–00948,Docket No. F–9153–16/16A
• Citation: 89 N.Y.S.3d 239,167 A.D.3d 609
• Parties: In the Matter of Tomer T. LEVIN, Respondent-Appellant, v. Efrat BLUM, Appellant-Respondent.
• Court: New York Supreme Court — Appellate Division

167 A.D.3d 609
89 N.Y.S.3d 239

In the Matter of Tomer T. LEVIN, Respondent-Appellant,
v.
Efrat BLUM, Appellant-Respondent.

2018–00948
Docket No. F–9153–16/16A

Supreme Court, Appellate Division, Second Department, New York.

Submitted—October 29, 2018
December 5, 2018

89 N.Y.S.3d 240

DiMascio & Associates, LLP, Garden City, N.Y. (Lisa J. Silverman of counsel), for appellant-respondent.

Sunshine, Isaacson & Hecht, LLP, Jericho, N.Y. (Joshua Hecht of counsel), for respondent-appellant.

JOHN M. LEVENTHAL, J.P., ROBERT J. MILLER, COLLEEN D. DUFFY, VALERIE BRATHWAITE NELSON, JJ.

DECISION & ORDER

In a proceeding pursuant to Family Court Act article 4, the mother appeals and the father cross-appeals from an order of the Family Court, Nassau County (Felice J. Muraca, J.), dated November 29, 2017. The order, insofar as appealed from, denied the mother's objections to so much of an order of the same court (Nadine J. Satterthwaite, S.M.) dated July 28, 2017, as, after a hearing, and upon its findings of fact dated July 20, 2017, imputed monthly income to her in the sum of $8,196.68 in awarding her the sum of only $3,200 per month in child support. The order, insofar as cross-appealed from, denied the father's objections to so much of the order dated July 28, 2017, as, after a hearing, and upon its findings of fact dated July 20, 2017, calculated the parties' respective child support obligations by applying the statutory percentages to the adjusted gross income above the $143,000 statutory cap.

ORDERED that the order dated November 29, 2017, is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

The parties are divorced. They are the parents of two children. Pursuant to the parties' judgment of divorce and a stipulation of settlement, which was incorporated but did not merge into the judgment of divorce, the father's child support obligation would be recalculated on a de novo basis in accordance with the Child Support Standards Act (hereinafter the CSSA) when, among other events, his obligation to pay maintenance to the mother...