Kellogg v. Kellogg

I respectfully dissent and would reverse the order of Family Court, deny respondent’s objections to the order of the Hearing Examiner, and reinstate that order in its entirety. The Child Support Standards Act (CSSA) provides that a parent’s obligation to pay child support shall be based upon the parental income “as should have been or should be reported in the most recent federal income tax return” (Family Ct Act § 413 [1] [b] [5] [i]; see Matter of Kay v Cameron, 270 AD2d 939; Matter of Monroe County Dept. of Social Servs. v Mercado, 241 AD2d 948; Matter of Niagara County Dept. of Social…