Vela v. Land-Wheatley
| Decision Date | 10 October 2018 |
| Docket Number | 2016–11212,Docket No. F–3639–14 |
| Parties | In the Matter of Anali L. VELA, respondent, v. Ronald LAND–WHEATLEY, appellant. |
| Court | New York Supreme Court — Appellate Division |
165 A.D.3d 807
85 N.Y.S.3d 503
In the Matter of Anali L. VELA, respondent,
v.
Ronald LAND–WHEATLEY, appellant.
2016–11212
Docket No. F–3639–14
Supreme Court, Appellate Division, Second Department, New York.
Submitted—September 14, 2018
October 10, 2018
Ronald Land–Wheatley, Freeport, NY, appellant pro se.
WILLIAM F. MASTRO, J.P., SANDRA L. SGROI, JOSEPH J. MALTESE, VALERIE BRATHWAITE NELSON, JJ.
DECISION & ORDER
In a child support proceeding pursuant to Family Court Act article 4, the father appeals from an order of the Family Court, Nassau County (Patricia Bannon, S.M.), dated June 8, 2016. The order,
insofar as appealed from, upon a decision of the same court dated May 27, 2016, made after a hearing, inter alia, directed the father to pay the sum of $356 per week in child support and $100 per week in child support arrears.
ORDERED that the order is affirmed insofar as appealed from, without costs or disbursements.
The mother filed a petition seeking an order of support against the father for the parties' two minor children. Following a hearing, the Support Magistrate imputed annual income of $80,000 to the father and directed him to pay weekly child support in the sum of $356 and child support arrears in the sum of $100 per week. The father appeals, contending, among other things, that the imputation of income was improper and that he cannot afford the challenged child support payments based on his current financial situation.
"The level of child support is determined by the parents' ability to provide for their children rather than their current economic situation" ( Signorile v. Signorile, 102 A.D.3d 949, 951, 958 N.Y.S.2d 476 ). Accordingly, in making a child support determination, a Support Magistrate who finds that a party's account of his or her finances is not credible or is suspect may impute income to that party based on his or her employment history, earning capacity, and educational background (see Matter of Rohme v. Burns, 92 A.D.3d 946, 947, 939 N.Y.S.2d 532 ; Calciano v. Calciano, 45 A.D.3d 515, 516, 844...
To continue reading
Request your trial
-
C. v. R.
...by the parents' ability to provide for their children rather than their current economic situation’ " ( Vela v. Land-Wheatley , 165 AD3d 807, 807, 85 N.Y.S.3d 503 [2 Dept.,2018], citing Signorile v. Signorile , 102 AD3d 949, 951, 958 N.Y.S.2d 476 [2 Dept., 2013] ).When making a child suppor......
-
Remsen v. Remsen
...to impute income, and that determination is entitled to deference on appeal (see Sufia v Khalique, 189 A.D.3d 1499, 1501; Matter of Vela v Land-Wheatley, 165 A.D.3d 807). Nevertheless, "'a determination to impute will be rejected where the amount imputed was not supported by the record, or ......
-
Remsen v. Remsen
...is entitled to deference on appeal (see Sufia v. Khalique, 189 A.D.3d 1499, 1501, 138 N.Y.S.3d 116 ; Matter of Vela v. Land–Wheatley, 165 A.D.3d 807, 85 N.Y.S.3d 503 ). Nevertheless, " ‘a determination to impute income will be rejected where the amount imputed was not supported by the recor......
-
Roberts v. Roberts
...of Picone v. Golio, 170 A.D.3d 859, 93 N.Y.S.3d 879 ; Matter of Levin v. Blum, 167 A.D.3d 609, 89 N.Y.S.3d 239 ; Matter of Vela v. Land–Wheatley, 165 A.D.3d 807, 85 N.Y.S.3d 503 ). The Support Magistrate's findings regarding the father's income were based on credibility determinations and a......