Wei-Fisher v. Michael, 2016-10741, Docket No. F-1160-16.
| Decision Date | 15 November 2017 |
| Docket Number | 2016-10741, Docket No. F-1160-16. |
| Citation | 63 N.Y.S.3d 706 (Mem),155 A.D.3d 883 |
| Parties | In the Matter of Feixia WEI–FISHER, Respondent, v. Yehuda MICHAEL, Appellant. |
| Court | New York Supreme Court — Appellate Division |
155 A.D.3d 883
63 N.Y.S.3d 706 (Mem)
In the Matter of Feixia WEI–FISHER, Respondent,
v.
Yehuda MICHAEL, Appellant.
2016-10741, Docket No. F-1160-16.
Supreme Court, Appellate Division, Second Department, New York.
Nov. 15, 2017.
Yehuda Michael, Hewlett, NY, appellant pro se.
Feixia Wei–Fisher, Upper Nyack, NY, respondent pro se.
Appeal by the father from an order of the Family Court, Rockland County (Rachel E. Tanguay, J.), dated August 19, 2016. The order denied the father's objections to an order of that court (Rachelle C. Kaufman, S.M.), dated June 3, 2016, which, after a hearing, directed him to pay specified sums in child support.
ORDERED that the order dated August 19, 2016, is reversed, on the facts and in the exercise of discretion, without costs or disbursements, the father's objections are granted, the order dated June 3, 2016, is vacated, and the matter is remitted to the Family Court, Rockland County, for a new determination of the father's child support obligation following the mother's submission of the required financial disclosure; and it is further,
ORDERED that, in the interim, the father shall continue to pay basic child support in the sum of $663 per month.
The parties have one child together, born in October 2009. In 2015, the mother filed a paternity petition and a separate petition seeking child support. An order of filiation was entered declaring the respondent to be the father of the child, and the matter was referred to a Support Magistrate to establish the father's child support obligation. Following a hearing, the Support Magistrate issued an order of support dated June 3, 2016, which directed the father to pay the mother basic monthly child support in the sum of $663, plus a percentage of certain add-on expenses, and the sum of $8,040 in retroactive child support. The father submitted objections to the order. In an order dated August 19, 2016, the Family Court denied the father's objections. The father appeals.
The father's contention that the Support...
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...be $53,076 . This Court finds that this amount is reflective of Husband's actual earning capacity. See Matter of Wei–Fisher v. Michael , 155 A.D.3d 883, 63 N.Y.S.3d 706 (2d Dept. 2017) . From this gross amount, the Court is required to subtract certain statutory tax deductions that were "ac......
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...of the witnesses" ( Matter of Toumazatos v. Toumazatos , 125 A.D.3d 870, 870–871, 1 N.Y.S.3d 838 ; see Matter of Wei–Fisher v. Michael , 155 A.D.3d 883, 884, 63 N.Y.S.3d 706 ). Here, the record supports the Support Magistrate's determination to impute income to the father for the purpose of......
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