Legal Opinion

Niagara County Department of Social Services ex rel. Kearns v. Hueber

Appellate Division of the Supreme Court of the State of New York

Decided November 10, 2011No. Appeal No. 2PublishedCited by 4 opinions

1Opinion of the Court

Memorandum:

In this proceeding pursuant to Family Court Act article 4, respondent father appeals from an order denying his objections to the order of the Support Magistrate that, inter alia, imputed income to him based on the minimum wage for a period of approximately one year and two weeks and ordered that he pay child support arrears for that period in the amount of $659.18. It is undisputed that the father was incarcerated during the relevant time period.

Contrary to the father’s contention, the Support Magistrate did not abuse her discretion by imputing income to the father for the time…

2Cases cited11 opinions

  1. Knights v. KnightsNew York Court of Appeals · 1988
  2. Manocchio v. ManocchioAppellate Division of the Supreme Court of the State of New York · 2005
  3. White v. KnappAppellate Division of the Supreme Court of the State of New York · 2009
  4. Grettler v. GrettlerAppellate Division of the Supreme Court of the State of New York · 2004
  5. Buck v. BuckAppellate Division of the Supreme Court of the State of New York · 1993

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3Cited by4 opinions

  1. Carene S. v. Kendall S.Appellate Division of the Supreme Court of the State of New York · 2012
  2. Carene S. v. Kendall S.Appellate Division of the Supreme Court of the State of New York · 2012
  3. Hunter v. TraynorNew York City Family Court · 2015
  4. SHIELDS, MICHAEL L.T. v. TOWERY, CRYSTALAppellate Division of the Supreme Court of the State of New York · 2012

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