Monroe County Dept. of Social Services on Behalf of Carpenter v. Bennett

Decision Date26 December 1991
Citation578 N.Y.S.2d 733,178 A.D.2d 974
PartiesMatter of MONROE COUNTY DEPARTMENT OF SOCIAL SERVICES, on Behalf of Martha CARPENTER, Appellant, v. Edward BENNETT, Respondent.
CourtNew York Supreme Court — Appellate Division

Ronald A. Case, Rochester, for appellant.

Edward Bennett C/O Heberle Disposal Service Inc., pro se.

Before CALLAHAN, J.P., and BOOMER, GREEN, PINE and BALIO, JJ.

MEMORANDUM:

Petitioner provides public assistance in the form of aid to dependent children to Martha Carpenter, the custodial parent of Kellie Bennett. Petitioner instituted this proceeding seeking an upward modification of an order directing respondent father to pay child support in the sum of $25 per week. Although Carpenter was unemployed and the parent of another child less than one year old, the hearing examiner determined that she was capable of earning $9,600 per year and included that sum in the calculation of combined parental income pursuant to Family Court Act § 413. The hearing examiner denied petitioner's application for an upward modification of support. Family Court confirmed the Hearing Examiner's Findings of Fact. On appeal, petitioner contends that imputing income to a public assistance recipient contravenes federal law governing the administration of aid to dependent children programs (see, 42 U.S.C. § 602[a][19][C] and New York's Child Support Standards Act (CSSA); (see, Family Ct. Act § 413[1][b][5][vii][E]; and [1][g]. We disagree.

The federal statute requires states to provide a job opportunities and basic skills training program for recipients of aid to dependent children (42 U.S.C. § 602[a][19][A]. The statute further provides that a parent personally providing care to a child under three years of age (or at the state's option, for some lesser age, but not less than one year old) may not be required to participate in that program (42 U.S.C. § 602[a][19][C][iii][I]. Petitioner contends that, because a state may not require her to participate in the job training program, it cannot, consistent with the statute, impute income to her based upon her capacity to work. In our view, the federal statute governs one's entitlement to public assistance, and it has no application to a state law determination of the parental obligation to provide child support.

Additionally, we perceive no conflict between the imputation of income and those provisions of the CSSA pertaining to the court's consideration of public assistance income (see, Family Ct. Act § 413[1][b][5][vii][E]; and [1][g]. The CSSA expressly provides for imputing income where a former spouse unilaterally attempts to diminish the obligation to support children by voluntarily ceasing employment (see, Family Ct. Act § 413[1][b][5][v]; cf., Hickland v. Hickland, 39 N.Y.2d 1, 382 N.Y.S.2d 475, 346 N.E.2d 243, rearg. denied 39 N.Y.2d 943, 386 N.Y.S.2d 1028, 352 N.E.2d 896, cert. denied 429 U.S. 941, 97 S.Ct. 357, 50 L.Ed.2d 310; ...

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3 cases
  • Creighton v. Creighton
    • United States
    • New York Supreme Court — Appellate Division
    • December 7, 1995
    ...supports the court's finding that plaintiff did not voluntarily reduce her income (see, Matter of Monroe County Dept. of Social Servs. [Carpenter] v. Bennett, 178 A.D.2d 974, 578 N.Y.S.2d 733). Supreme Court, complying with the statutory mandates, found that requiring defendant to pay child......
  • People v. Sumpter
    • United States
    • New York Supreme Court — Appellate Division
    • December 26, 1991
  • Andre v. Warren
    • United States
    • New York Supreme Court — Appellate Division
    • April 29, 1993
    ...in order to reduce or avoid his child support obligation (see, Family Ct.Act § 413[1][b][5][v]; Matter of Monroe County Dept. of Social Servs. v. Bennett, 178 A.D.2d 974, 578 N.Y.S.2d 733), and while it is not clear whether the court considered respondent's earning capacity, rather than his......

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