Monroe County Department of Social Services ex rel. Mercado v. Mercado

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Family Court properly granted the objections of petitioner to the order of the Hearing Examiner awarding child support. The record, however, does not support the court’s child support award in the amount of $96 per week for respondent’s two minor children. The Child Support Standards Act (CSSA) (Family Ct Act § 413 [1] [b] [5] [i]; Domestic Relations Law § 240 [1-b] [b] [5] [i]) provides that the relevant income figure is “gross (total) income as should have been or should…