Matter of Finell v. Finell, 2004-09887.

• Decision Date: 24 January 2006
• Docket Number: 2004-09887.,2004-09890.,2005-00674.,2004-09889.,2004-09888.
• Citation: 25 A.D.3d 703,811 N.Y.S.2d 733,2006 NY Slip Op 00515
• Parties: In the Matter of JUDITH FINELL, Respondent, v. STEVEN FINELL, Appellant.
• Court: New York Supreme Court — Appellate Division

25 A.D.3d 703

811 N.Y.S.2d 733

2006 NY Slip Op 00515

In the Matter of JUDITH FINELL, Respondent, v. STEVEN FINELL, Appellant.

2004-09887.

2004-09888.

2004-09889.

2004-09890.

2005-00674.

Appellate Division of the Supreme Court of the State of New York, Second Department.

January 24, 2006.

In a child support proceeding pursuant to Family Court Act article 4, the father appeals (1), as limited by his brief, from so much of an order of the Family Court, Westchester County (Furman, S.M.), dated November 5, 2003, as granted that branch of the mother's petition which was for an award of child support arrears, (2) from an order of the same court also dated November 5, 2003, which directed the entry of a money judgment for child support arrears in the principal sum of $9,063.21, (3) from an amended order of the same court dated September 27, 2004, which granted the mother's motion for an award of counsel fees in the sum of $4,000, (4) from an order of the same court (Davidson, J.) dated September 30, 2004, which denied his objections to the two orders dated November 5, 2003, and (5) from an order of the same court dated December 14, 2004, which denied his objections to the amended order dated September 27, 2004.

Ordered that the appeals from the orders dated November 5, 2003, are dismissed, without costs or disbursements, as those orders were superseded by the order dated September 30, 2004; and it is further,

Ordered that the order dated September 30, 2004, is affirmed, without costs or disbursements; and it is further,

Ordered that the appeal from the amended order dated September 27, 2004, is dismissed, without costs or disbursements, as the order was superseded by the order dated December 14, 2004; it is further,

Ordered that the order dated December 14, 2004, is reversed, on the law and in the exercise of discretion, without costs or disbursements, the objections are sustained, and the amended order dated September 27, 2004, is vacated.

The father's argument that he should be relieved of his obligation to pay additional child support to the mother because he made various expenditures for the benefit of his children at the mother's request is without merit. "Voluntary payments made by a parent for the benefit of his or her children and not pursuant to a court order may not be credited against amounts due under the order" (Matter of Gleason v Gleason, 247 AD2d 384, 385 [1998]; see Horne v Horne, 22 NY2d 219, 224 [1968]; Mayeri v Mayeri, 220 AD2d...